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PUBLICATIONS 


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STATE HISTORICAL SOCIETY 
OF WISCONSIN 


JOSEPH SCHAFER, SUPERINTENDENT 
MILO M. QUAIFE, EDITOR 


COLLECTIONS, VOLUME 


CONSTITUTIONAL SERIES, © 


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Manuscript JOURNAL OF THE CONVENTION oF 1846 
Photographed. from the original in the office of Secretary of 
Madison 


State, 


PUBLICATIONS OF THE STATE HISTORICAL SOCIETY 
OF WISCONSIN 


COLLECTIONS, VOLUME XXVII 
CONSTITUTIONAL SERIES, VOLUME II 


THE CONVENTION OF 1846 


EDITED BY 


MILO M. QUAIFE 


WISCONSIN HISTORICAL SOCIETY 


PUBLISHED BY THE SOCIETY 
MADISON, 1919 


copyricHtT, 1918 
BY THE 


STATE HISTORICAL SOCIETY OF WISCONSIN 


1500 copies PRINTED 


DEMOCRAT PRINTING COMPANY, MADISON, STATE PRINTER 


ad 


PREFACE 


In the first volume of the series devoted to Wisconsin consti- 
tutional beginnings the popular discussion and official proceed- 
ings attendant upon the movement for statehood in 1845-46 
were presented. The present volume deals with the first con- 
stitutional convention, held at Madison in the autumn of 1846. 
In the laborious sessions of this body the ideas with respect to 
a framework of government for the commonwealth about to 
come into being were reduced to tangible form. That the mem- 
bers of the convention performed their work in a spirit of sober 
earnestness will be questioned by none conversant with their 
proceedings. Nor will anyone question that the people of the 
territory were aware of their dependent political status and 
overwhelmingly desirous of entering upon statehood. Yet the 
convention’s labors had a curious and for the time being a dis- 
appointing issue. Notwithstanding the electorate was pre- 
dominantly Democratic and the Whig membership in the con- 
vention was small to the point of insignificance, the electorate 
repudiated the handiwork of its representatives by a decisive 
majority. The reasons for this are set forth in the historical 
introduction at the opening of the preceding volume. They 
find abundant illustration in the pages of the present volume. 

Whatever their characteristics in other respects may have 
been, the constitutional fathers of Wisconsin were chary of de- 
voting state funds to the printing of a record of their proceed- 
ings. The first convention preserved no record of its debates, 
while the official journal comprises a modest volume of 500 
pages. The second convention hesitantly ordered, after its 
sessions had been in progress for some time, the making of a 
record of debates, with the proviso, however, that any member 
might direct the reporters to make no record of his eontribu- 


6 PREFACE 


tion to the discussions. Journal and debates combined, there- 
fore, run to but 600 pages of print. By way of contrast it may 
be noted that the debates alone of the Ohio convention of 1874 
fill 3,600 pages of print; those of the Kentucky convention of 
1890 run to 6,500 pages; journal and debates of the Pennsylva- 
nia convention of 1873 fill eleven volumes totaling 9,000 pages; 
while the official records of the New York conventions of 1867— 
68 and 1915 in each ease fill twelve volumes containing 12,000 
pages of print. That the parsimony of the fathers of Wis- 
consin was unwise seems scarcely to admit of question. Be- 
cause of it administrators and scholars alike have been for 
seventy years compelled to content themselves with most im- 
perfect sources of information concerning the origin of our 
state constitution. Now a painstaking effort has been made to 
reconstruct the debates and to assemble the other pertinent 
records pertaining to the birth of our commonwealth—with 
what degree of success, each reader may determine for himself. 
To a considerable extent the convention debates are of course 
gone forever. Yet, to the editor at least, the approximation 
toward their reconstruction offered in the present volume 
seems well worth the making. Although it necessarily falls 
far short of perfection, it assembles once for all the records 
that are extant and these afford a fair idea of the course and 
spirit of the debate which accompanied the forging of our con- 
stitution of 1846. Additional light will be shed by the reports 
from and editorials on the convention proceedings which con- 
siderations of space and practical convenience rather than of 
strict logic have led us to reserve for presentation in the suc- 
ceeding volume of the series. 

A few words of explanation may be in order concerning the 
physical arrangement of the volume. The official journal is 
printed in ten point solid type. Whenever a point is reached 
upon which a record of debate has been preserved, the pres- 
entation of the journal is interrupted to give place to the de- 
bate; this is distinguished by being set in eleven point leaded 
type. Since the debate has been recovered for the most part 
from the newspaper reports of the day (in large part from 
the Madison newspapers), it has been necessary, in order to 


PREFACE 7 


set this forth with all possible fullness, to repeat at times in 
one extract information already given in a preceding one. The 
extent of this, and the necessity for it, will be apparent to him 
who reads the proceedings; to make it evident to others is per- 
haps unnecessary here. Instead of printing the numerous roll 
calls of aye and nay votes throughout the journal (as they oc- 
cur in the manuscript journal and in the printed one of 1847) 
these are presented in tabular form in Appendix I. This ar- 
rangement gives the record as truly as does the conventional 
one, while it conserves to a marked degree paper stock and 
printer’s composition, and contributes, also, to the convenience 
of the user of the volume. . 

Acknowledgment is cheerfully made of continued obligation 
to Daisy Milward of the Society’s editorial staff for painstak- 
ing preparation of the copy for the press and supervision dur- 
ing the processes of publication. The biographical sketches 
comprised in Appendix III are the work of Dr. Louise P. Kel- 
logg, who also has compiled the index to the volume. 

M. M. Quarre. 
Madison, 1918. 


CONTENTS 


Full Titles of Papers Cited 


Journal and Debates of the Convention 


Appendix I: A Record of the Votes on Roll Call 


in the Convention of 1846 


Appendix II: The Constitution of 1846 


Appendix III: Biographical Sketches of the 
Members of the Convention of 1846 


Index 


Page 


ILLUSTRATIONS 


Manuscript Journal of the Convention of 1846 . : , Frontispiece 
Photographed from the original in the office of Secretary of 
State, Madison 


Page 

Committee Reports of the Convention of 1846 ? : : 26 

Photographed from the originals in the office of Seareniey of 
State, Madison 

Charles Minton Baker. : pope io las) 
From a photograph in the ey ean Bianca one 

John Hubbard Tweedy . : Ve SB2 
From a photograph in He Wisconsin Etcal abeasy 

Henry S. Baird é . 904 
From an oil portrait in ine iikeun ian Cee 

James Duane Doty . : Si wae 
From an oil portrait in ‘the Wisconsin Picasa Toten 

Some Autographs of the Fathers . f 754 


Last page of manuscript of protest is Genera on et deraes 
of Wisconsin, December, 1846 


11 


FULL TITLES OF PAPERS CITEDIN THE FOLLOWING PAGES 


Prairieville American Freeman 
Milwaukee Daily Sentinel and Gazette 
Madison Express 

Madison Wisconsin Argus 

Madison Wisconsin Democrat 


Laneaster Wisconsin Herald 


13 


JOURNAL 


OcToBER 5, 1846 


Pursuant to an act of the legislature of the territory of Wisconsin, 
entitled ‘‘An Act in relation to the formation of a state government in 
Wisconsin,’’ approved January 31, 1846, a majority of the delegates 
elected to the convention to form a state constitution under the provi- 
sions of the said act assembled at the capitol at Madison, on the fifth 
day of October, 1846 at twelve o’clock, M. 

William R. Smith, delegate from Iowa County, called the conven- 
tion to order, and having called over the roll of the members elected, 
as returned by the secretary of the territory, the following gentlemen 
appeared and answered to their names and took their seats as such 
delegates, to wit: 


BROWN COUNTY FOND DU LAC COUNTY 
David Agry Warren Chase 
Henry S. Baird Lorenzo Hazen 


Moses S. Gibson 
COLUMBIA COUNTY 


: GRANT COUNTY 
Jeremiah Drake 


La Fayette Hill Thomas Cruson 
Lorenzo Bevans 


DANE COUNTY 


John Y. Smith 
Abel Dunning 
Benjamin Fuller 
George B. Smith 
Nathaniel F. Hyer 
John M. Babcock 


DODGE COUNTY 


William M. Dennis 
Stoddard Judd 
Hiram Barber 
Benjamin Granger 


Neely Gray 


GREEN COUNTY 


Davis Bowen 
Noah Phelps 


IOWA COUNTY 


Daniel M. Parkinson 
Moses M. Strong 
William I. Madden 
N. E. Whiteside 
Thomas James 
Andrew Burnside 


16 


WISCONSIN HISTORICAL COLLECTIONS 


Thomas Jenkins 
William R. Smith 
Moses Meeker 
Joshua White 


JEFFERSON COUNTY 


Patrick Rogan 
Theodore Prentiss 
Aaron Rankin 
Elihu L. Atwood 


MANITOWOC COUNTY 
Evander M. Soper 


MARQUETTE COUNTY 
Samuel W. Beall 


MILWAUKEE COUNTY 


D. A. J. Upham 
Francis Huebschmann 
Wallace W. Graham 
Garret Vliet 

John Crawford 

Asa Kinne 

Garrett M. Fitzgerald 
John Cooper 


PORTAGE COUNTY 
H. C. Goodrich 


RACINE COUNTY 


Frederick S. Lovell 
Stephen O. Bennett 
Nathaniel Dickinson 
Chauncey Kellogg 
Daniel Harkin 
Marshall M. Strong 
Edward G. Ryan 
Elijah Steele 
Haynes French 
Chatfield H. Parsons 
James H. Hall 
Victor M. Willard 


ROCK COUNTY 


David Noggle 

A. Hyatt Smith 

S. P. Hammond 
James Chamberlain 
Joseph 8. Pierce 
George B. Hall 
David L. Mills 


SAUK COUNTY 
William H. Clark 


SHEBOYGAN COUNTY 
David Giddings 


WALWORTH COUNTY 


Salmous Wakeley 
Joseph Bowker 
Charles M. Baker 
John W. Boyd 
William Bell 
Lyman H. Seaver 
Sewall Smith 
Josiah Topping 


WASHINGTON COUNTY 


E. H. Janssen 
Patrick Toland 

C. J. Kern 
Hopewell Coxe 

J. F. Wilson 
Bostwick O’Connor 


WAUKESHA COUNTY 


Pitts Ellis 

George Reed 
Elisha W. Edgerton 
Rufus Parks 
William R. Hesk 
Barnes Babcock 
Andrew E. Elmore 
Charles Burchard 


WINNEBAGO COUNTY 


James Duane Doty 


1846] THE CONSTITUTION OF 1846 17 


Whereupon, a quorum being in attendance, A. Hyatt Smith moved 
that Moses M. Strong be appointed president pro tempore, which was 
agreed to. 

Mr. Crawford moved that William W. Treadway be appointed sec- 
retary pro tempore, which was agreed to. 

' Mr. Noggle moved that Hiram Taylor be appointed assistant secre- 
tary pro tempore, which was agreed to. 

Mr. Dennis moved that John Starkweather be appointed sergeant 
at arms pro tempore, which was agreed to. 

Mr. Bevans moved that William Kirkpatrick be appointed door- 
keeper pro tempore, which was agreed to. 

Mr. Graham moved that Henry Brown be appointed messenger pre 
tempore, which was agreed to. 

Mr. Baker introduced the following resolution, which was read, to 
wit: ‘‘Resolved, That a committee of five members be appointed to 
examine the credentials of members and to report thereon at three 
o’clock, P. M.’’ 

Mr. Ryan moved to amend the said resolution by striking out the 
words “‘three o’clock, P. M.,’’ and inserting ‘‘nine o’clock tomorrow’”’ 
in lieu thereof, which was disagreed to. 

The Chair announced the appointment of the following committee 
under said resolution, to wit: Messrs. Baker, Ryan, Meeker, Cruson, 
and Huebschmann. 

The convention then adjourned until three o’clock, P. M. 


THREE O’CLOCK, P. M. 


A. Hyatt Smith introduced the following resolution, which was read, 
to wit : ‘‘Resolved, That the rules of the Council of the territory at the 
last session be adopted as the rules for the government of this conven- 
tion so far as the same are applicable, until others are adopted.’’ Mr. 
Judd moved that the said resolution be laid upon the table. Mr. Judd 
introduced the following resolution, which was read and adopted, to 
wit: ‘‘Resolved, That a committee of seven be appointed to draft 
rules for the government of this convention.’? The Chair announced 
the appointment of the following committee under said resolution, to 
wit: Messrs. Judd, Marshall M. Strong, Wm. R. Smith, Baker, Doty, 
Baird, and Elmore. 

William R. Smith introduced the following resolution, which was 
read and adopted, to wit: “*Resolved, That a committee of three be 
appointed to report the number of officers necessary for the govern- 
ment and business of this convention.’”’ The Chair announced the ap- 
pointment of the following committee under said resolution, to wit: 
Messrs. Upham, Madden, and John Y. Smith. 

Mr. Agry introduced the following resolution, which was read, to 
wit: ‘‘Resolved, That a committee of ____ be appointed by the Chair 
to ascertain the number of standing committees necessary for the busi- 
ness of the convention, to report the same with their respective desig- 
nations and duties.’’? Mr. Kellogg moved that the said resolution be 
laid upon the table, which was agreed to. 


2 


18 WISCONSIN HISTORICAL COLLECTIONS [Oct. 5 


The committee to whom was referred the subject of examining and 
reporting upon the credentials of the delegates elected to this con- 
vention reported, ‘‘That as appears by the certificates and entries of 
the clerks of the boards of county commissioners and county super- 
visors of the respective counties, so far as the committee have been 
enabled to obtain and examine the same, all the delegates returned as 
elected by the secretary of the territory are entitled to seats as mem- 
bers of this convention except Rufus Parks, delegate from Waukesha 
County, who had not obtained his certificate of election from the clerk 
of the board of supervisors of his county.’’ The report was accepted, 
and the committee discharged. ‘ 

Mr. Elmore moved that Rufus Parks, a member elect from Wau- 
kesha County, who was reported by the committee as not having pro- 
duced his credentials, be admitted to his seat, which was agreed to. 

Mr. Baird introduced the following resolution, which was read and 
adopted, to wit: ‘‘Resolved, That a majority of the whole number of 
members present shall be necessary to the choice of officers of this 
convention.’’ 

Mr. Upham, from the committee appointed to report the number 
and description of officers necessary for the government of the conven- 
tion, reported as follows, to wit: ‘‘The undersigned, a committee ap- 
pointed to report the number of officers necessary to govern this con- 
vention, beg leave to report: That they have had the subject under 
consideration, and recommend the election of the following officers, 
to wit: One president of the convention, one secretary, one assistant 
secretary, one sergeant at arms, two doorkeepers, two messengers, and 
one fireman; and for carrying out the object of this report they rec- 
ommend the adoption of the following resolution, to wit: ‘Resolved, 
That the convention elect as officers to govern their proceedings one 
president of the convention, one secretary, one assistant secretary, one 
sergeant at arms, two doorkeepers, two messengers, and one fireman.’ ”’ 
The report was accepted, and the committee discharged from the fur- 
ther consideration of the subject. 

Mr. Baker moved to amend the report of the committee by striking 
out the word ‘‘two’’ before doorkeepers, and insert[ing] the word 
‘‘one’’ in lieu thereof, which was disagreed to. The report of the com- 
mittee was then adopted. 


Mr. Baker moved an amendment—insert ‘‘one’’ before the 
word ‘‘doorkeepers,’’ instead of ‘‘two.’’ That as there were 
but two doors the sergeant at arms with one doorkeeper was 
sufficient to secure all the necessary attendance; and that as a 
matter of economy this convention should dispense with all un- 
necessary officers. 

Mr. J. Y. Smith said it was desirable to encourage a spirit 
of economy, but that whenever an important question was to be 
taken the sergeant at arms, if any of the members were ab- 


1846] THE CONSTITUTION OF 1846 19 


sent, would be obliged to go through the streets till he had 
found the absentees. The law of the last session of the ter- 
ritorial legislature did not deprive the convention of the priv- 
ilege of electing such officers as were necessary for the suc- 
cessful prosecution of the business before the convention. 

Mr. Kellogg thought the law was binding, and that it pro- 
vided for all necessary officers. He could not do otherwise than 
abide by it. 

The amendment was lost.—Democrat, Oct. 10, 1846. 


Mr. Baker moved to amend the resolution by striking out 
the word ‘‘two’’ before ‘‘doorkeepers,’’ and inserting ‘‘one.’’ 
The law of the territory under which they had met provided 
for but one doorkeeper, and that law in his opinion should 
govern. 

Mr. John Y. Smith said the law was before the committee at 
the time of drafting the resolution, and they had come to the 
conclusion that no law of the territorial legislature could so 
far bind the convention as to compel them to employ so few 
officers that the necessary business of the convention could not 
be properly done. There were two doors to the hall, at the op- 
posite sides, and it would be impossible for one man to attend 
to them both. It might be said that the sergeant at arms could 
perform the duty of doorkeeper, but this he could not do, since 
it might often so happen that a call of the convention would be 
demanded, and that officer be sent after the absentees, when 
the door would be left unattended. 

Mr. Kellogg was of opinion that the law of the legislature 
was binding on the convention, and he should therefore vote 
to strike out. 

The question was put and lost. 

The resolution as reported was then adopted—Argus, Oct. 
6, 1846. 

Mr. Elmore moved that the convention do now proceed to the elec- 


tion of a president of this convention by ballot. Mr. Ryan moved 
that the convention adjourn, which was disagreed to. 


W. R. Smith thought the action premature—that they should 
wait the action of the committee. 


20 WISCONSIN HISTORICAL COLLECTIONS [Oct. 5 


Mr. Ryan had an objection. Most of the members of the 
convention had for the first time met. He was a stranger to 
many members. The convention should pause and deliberate, 
and not proceed with such party steps. It was an important 
point who should preside over the deliberations of this body. 
If this resolution be adopted we might be obliged to vote before 
we had a chance to become acquainted so as to determine who 
is the most popular person to place in that station. He did not 
wish to see the old Democratic rule violated. The ruling 
party, according to custom, selected the officers of all legisla- 
tive bodies. There was nothing to be gained by discarding 
this rule but many reasons why it should be sustained. The 
interests of the convention required time, and [he believed] 
that an adjournment would effect much good. By adopting 
this motion we abandon an old and proper usage. He moved 
to adjourn to ten o’clock tomorrow. Motion rejected. 

Mr. Judd was in favor of waiting for the report of the com- 
mittee, but was not willing to adjourn. The old rule of not 
delaying till tomorrow what can be done today was applicable 
to this convention. He was not one of those who wanted any- 
one to choose a man for him to vote for. He was willing to 
proceed immediately to the election. The candidates were all 
known. , 

Mr. Lovell moved to lay the matter on the table. Lost.— 
Democrat, Oct. 10, 1846. 


The question then recurred on the motion of Mr. Elmore and was 
decided in the affirmative. 


The President stated that the question was on the original 
motion of Mr. Elmore. 

Mr. Marshall M. Strong said that at the present time reform 
prevailed. That his own experience in ’38 and ’39 proved to 
the convention the practicability of caucus regulations. That 
from Monday to Friday the time was lost in fruitless ballot- 
ings. That the caucus system had been adopted by Congress 
and by the New York convention, and that thereby much time 
had been saved. Suppose that on the final ballot it appears 
that one Democratic candidate receives forty votes and his sue- 


1846] THE CONSTITUTION OF 1846 21 


cessful competitor forty-six, six of which are cast by Whigs— 
the will of the party is defeated. It is a matter of much mo- 
ment to the people whether the germ of the Wisconsin consti- 
tution be laid in Democratic measures. We were chosen on 
party grounds—chosen to represent the principles of our 
party. We abandon the principles of party by this procedure. 

Mr. Baird was sorry to see the question of politics brought 
into the convention. He was a representative of the people 
and hoped that politics would be discarded at once. He would 
like to know if this rule in Democratic caucuses to select officers 
was carrying out the will of the people. He was from a Demo- 
cratic county, he was proud to say. He went for measures 
whether from a Whig or Democrat. He was sorry to hear 
such doctrines. He called upon them not as the representa- 
tives of the Democracy, old or young, but as the representa- 
tives of the people, to remember that they were to form a con- 
stitution for the whole people. He called upon gentlemen not 
to waste time.” The majority could not quarrel with the few 
Whigs who were here; and if they had feuds among them- 
selves, they should have been settled before coming here. He 
eared not who the president was if he was qualified, faithful, 
and honest. No man had been named as yet for that high 
station whom he did not believe qualified and [whom he was 
not] willing to see in the chair. 

Mr. Ryan was the first to introduce politics into the discus- 
sion, and he supposed he must bear the censure of the gentle- 
man from Brown. Every member here was elected on strict 
party politics. He (Mr. Baird) represented the people of 
Brown on Whig principles. We represent the people of Ra- 
cine on Democratic principles. He never saw such an animal 
as a representative who discarded his political principles under 
any circumstances. He knew nothing more sacred than his 
party principles. Was he not to represent his politics in con- 
vention? Was he not sent to incorporate those politics into the 
constitution? He was not satisfied with the election of any 
man. It was a matter of the first importance who presided 
over the deliberations of this body. We were sent here as 
Democrats and Whigs to regulate all preliminary considera- 


22 WISCONSIN HISTORICAL COLLECTIONS [Oct. 5 


tions as well as to frame a constitution. The Whigs did not 
expect to elect a Whig president. But they had the power by 
the division that might exist in the Democratic ranks to elect 
whom they pleased. Ought they to have the choice? The 
Democrats had four candidates, and there were Whigs enough 
to decide who should be the president. He did not mince mat- 
ters; he wished the motion lost for the purpose of going into 
caucus to allow the Democratic members to select who should 
be elected to this station. He came here to make a constitu- 
tion on the political principles of himself and his people. He 
had gone so far to test whether the good old Democratic rule 
should be sustained, and he therefore moved to adjourn. 
Lost—54 to 37. 

The original motion was then put and carried.—Democrat, 
Oct. 10, 1846. 


Mr. Marshall M. Strong: In 1838 the Council of Wisconsin 
went into a ballot without having first consulted in caucus on 
the proper course to be pursued or the man to be selected. 
Party politics was then unknown. The result was that the 
Council voted in the dark and at random for a whole week be- 
fore a choice was effected. A perfect waste of time was the 
result. 

Such has been the case with all other bodies with which he 
had been acquainted, and the holding of caucuses had become 
the practice of both political parties in all political bodies. A 
different course would enable the Whigs to foist upon the 
Democratic party a man whom they did not prefer, or to de- 
feat any election by voting for a third man. If an election was 
then gone into he did not believe there would be a choice, and 
the necessity of an adjournment would become apparent. 
Nearly all if not all of the members had been chosen on party 
grounds and he believed that the party principles ought to be 
carried out by them; one of the greatest of these was to be 
effected by the election of the president, while a different course 
might be to abandon the principles on which they had been 
elected. If there were.family feuds among Democrats, he 
wanted them all settled among themselves. These were some 


1846] THE CONSTITUTION OF 1846 23 


of the reasons that would induce him to vote against proceed- 
ing to the ballot at that time. 

Mr. Baird did not belong to the same political party with 
the gentleman who had just taken his seat, though he had been 
elected from a county where the Democrats were the dominant 
party. Therefore he was on this floor representing no particu- 
lar party or set of men, and to promote the interest of those 
constituents and do the business of the country would be his 
object aim while here. Sorry he was to see at this early day 
the apple of discord, party politics, thrown into the midst of the 
convention, and he hoped it would be met at once and driven 
from the hall. The interests of the people would be best 
served by proceeding at once to the election of a president, 
without the dictation or delay of a caucus, and that course he 
called on gentlemen to pursue. If there be feuds among Demo- 
crats—family quarrels—let them settle them at home or out of 
this place. To elect a Whig was out of the question, and for 
one he could say that among the men spoken of by Democrats 
he would be content with one they might choose, and he was 
now prepared to vote for the man he preferred without further 
loss of time. 

Mr. Ryan was the man who first broached the subject of party 
politics in this hall, and as such he took to himself the greater 
share of the lashing of the gentleman from Brown. He came 
here to represent the people of Racine as much as the gentle- 
man did those of Brown, but that county had elected him on 
account of his political predilections, and they expected him to 
earry them out. He could not believe that such a nondescript 
as a no-party-man could be found at this day. Every man be- 
longed to some political party. For himself he was free to 
confess that he belonged to the great Democratic family, and 
that he came here to carry out the measures of that party. 
Much depended on the man placed in the presidential chair; 
the appointment and character of the committees depended en- 
tirely on him; for that reason he did care for the man. He 
appealed to Democrats to say if they were prepared to leave 
it to the Whigs to say who should be the presiding officer of 
the convention. For one he wanted to pursue the old method 


24 WISCONSIN HISTORICAL COLLECTIONS [Oct. 5 


of going into a caucus and making a selection of the man whom 
Democrats preferred. Equally old and wise with the saying 
quoted by the gentleman from Dodge was the remark of Mr. 
Jefferson that ‘‘majorities should rule.’’ The territory has 
declared for the Democrats by a decided majority, and he 
wanted to see the principles of that party carried into the con- 
stitution they were about to frame. Any other in his opinion 
should be rejected. He closed by again moving that the con- 
vention do adjourn to ten o’clock tomorrow morning.— Argus, 
Oct. 6, 1846. 


The Chair appointed Messrs. Giddings and Noggle tellers to receive 
and canvass the votes. The ballots were then taken and counted 
when the tellers reported the whole number of votes given to be 93, 
of which D. A. J. Upham received 33; Marshall M. Strong 26; Moses 
M. Strong 20; William R. Smith 10; Richard R. Smith 1; Stoddard 
Judd 1; M. M. Strong 1; Blank 1. 

No person having received a majority of all the votes given, the 
Chair declared that no choice had been made. The convention then 
proceeded to a second ballot, and the votes having been taken and 
counted, the tellers reported the whole number of votes given to be 
93, of which D. A. J. Upham received 44; Marshall M. Strong 
24; Moses M. Strong 21; William R. Smith 2; Moses Meeker 1; Blank 1. 

No person having received a majority of all the votes given, the 
Chair declared that no choice had been made. Mr. Ryan moved that 
the convention adjourn, which was disagreed to. The convention then 
proceeded to a third ballot, and the votes having been taken and 
counted, the tellers reported the whole number of votes given to be 
93, of which D. A. J. Upham received 43; Marshall M. Strong 25; 
Moses M. Strong 20; Moses Meeker 2; William R. Smith 1; Blank 2. 

No person having received a majority of all the votes given, the 
Chair declared that no choice had been made. Mr. Dennis moved 
that the convention adjourn, which was disagreed to. The convention 
then proceeded to a fourth ballot, and the votes having been taken and 
counted, the tellers reported the whole number of. votes given to be 
93, of which D. A. J. Upham received 52; Moses M. Strong 19; Marshall 
M. Strong 17; Moses Meeker 2; William R. Smith 2 ; Blank 1. 

D. A. J. Upham having received a majority of the whole number 
of votes upon the fourth ballot was declared duly elected president of 
the convention. Mr. Dennis moved that a committee of two be ap- 
pointed to wait on the President-elect to his seat, which was agreed 
to. The Chair announced the appointment of Messrs. Dennis and A. 
Hyatt Smith as such committee. The President, after being conducted 
to his seat, rose and addressed the convention as follows: 


Gentlemen of the Convention: It is with deep feelings and sensi- 
bility that I tender you my thanks for the honor you have conferred 


1846] THE CONSTITUTION OF 1846 29 


in electing me to preside over your deliberations. It is on no ordi- 
nary occasion that we are assembled. We have before us the responsi- 
bility of framing the organic law of the future state of Wisconsin. 
Should we not approach the subject, then, with calmness and deliber- 
ation, with a disposition to harmonize, and a fixed determination to 
exert our best energies to frame such a work as shall be correct in 
principle and at the same time acceptable to the people. Constitu- 
tional law, like every other science, is progressive. That which fifty 
years ago was deemed wise by the best of men is now behind the age; 
within that period the oldest states in the Union have repeatedly found 
it necessary to change and modify their constitutions. We have their 
errors and their experience before us and it is our duty to profit by 
them. The greatest good to the greatest numbers should be the object 
in local legislation ; and, as has been said by the great statesman of the 
age, ‘‘the blessings of government, like the dews of heaven, should be 
dispensed alike to the rich and poor.’’ But this cannot be secured if 
legislatures are permitted to grant exclusive privileges by incorporat- 
ing moneyed institutions, lessening the risks of the capitalist, and in- 
creasing his means of accumulating wealth which must come directly 
or indirectly from the labor and industry of the country. On most of 
the important principles and provisions to be incorporated in the con- 
stitution of Wisconsin, I presume, a large majority of this convention 
are united in feeling and opinion, and it is in harmonizing and arrang- 
ing the details for carrying out these principles that we shall be called 
upon to exercise the greatest patience and forbearance. 

Gentlemen, it is some years since I have had any experience in the 
rules and parliamentary law that govern legislative bodies. In this 
respect I feel that I shall not do you justice as your presiding officer, 
and it is only by relying on the assistance of friends who have more 
recently and longer filled seats in our legislative halls that I can ex- 
pect to succeed in performing the duties you have imposed upon me. 
That I shall often err is certain, for that is human, and this pledge 
only can I give you—that my errors will be those of judgment and 
not of feeling and intention in arriving at correct decisions; and for 
these I shall ask, and confidently expect on your part, a liberal and 
kind indulgence. 


On motion of Moses M. Strong the convention adjourned. 


Mr. Elmore moved an adjournment. Withdrawn that Mr. 
Judd might inquire who were the committee on rules. He 
wished to meet the committee at nine o’clock tomorrow morn- 
ing. He did not like to work at night. Thought he could ac- 
complish enough in the daytime. The motion to adjourn till 
ten o’clock tomorrow was renewed and carried.—Democrat, 
Oct. 10, 1846. 


26 WISCONSIN HISTORICAL COLLECTIONS [Oct. 6 


TUESDAY, OCTOBER 6, 1846 


The journal of yesterday was read and corrected. 

Mr. Gray introduced the following resolution, which was read and on 
his motion laid on the table until tomorrow, to wit: ‘‘Resolved, That a 
committee of three be appointed with power to receive proposals and 
contract with [the] lowest and best bidder to do the incidental print- 
ing, and also for printing the journal of this convention, good and suffi- 
cient security being required for the faithful performance thereof.’ 


The reasons for this manner of procuring the printing of the 
convention were evident on the face. It was the most expedi- 
tious and practicable, and should be in practice. Other legis- 
lative bodies have adopted this method, and he [Mr. Gray] 
thought much time and expense would be saved thereby.— 
Democrat, Oct. 10, 1846. 


Mr. Dennis moved that the convention now proceed to the election 
of officers for the present session, commencing at the office of secretary, 
which was agreed to. 


Mr. Dennis suggested the laying aside of the resolution till 
after the election of the officers of the convention. 

Mr. Gray was not particular as to time; but when the sub- 
ject of printing came up for consideration he should adhere to 
his resolution; and moved to lay it on the table-—Democrat, 
Oct. 10, 1846. . 


Mr. Dennis was of opinion that this resolution might with 
propriety be laid aside for the present and taken up at some 
future time, when the organization of the convention should 
be more complete. To this Mr. Gray assented, with the under- 
standing that it should be taken up on the first opportunity. 
The resolution was therefore laid on the table-—Eapress, Oct. 
12, 1846. 


Moses M. Strong nominated La Fayette Kellogg for the office of sec- 
retary. Mr. Crawford nominated Wm. W. Treadway for the same 
office. The President appointed Messrs. Dennis and Moses M. Strong 
tellers to receive and canvass the votes. And the votes having been 


ac ) vu 2O/i e 


—<—$— i 


CoMMITTEE REPORTS OF THE CONVENTION OF 1846 


Photographed from the originals in the office of Secretary of State, 
Madison 


1846] THE CONSTITUTION OF 1846 27 


taken and counted the tellers appointed for that purpose reported 
that the whole number of votes cast for the said office was 92. Neces- 
sary to a choice 47—of which La Fayette Kellogg received 48 votes; 
Wm. W. Treadway received 41 votes; Hiram Taylor received 1 vote; 
and Blank 2 votes. 

La Fayette Kellogg, having received a majority of all the votes given, 
was declared by the President duly elected to the office of secretary 
of the convention for the present session. 

Moses M. Strong then moved that the remaining officers be elected 
viva voce, which was agreed to. 

Mr. Noggle nominated Hiram Taylor for the office of assistant sec- 
retary. And the question having been put on the said nomination, it 
was decided in the affirmative. 

Moses M. Strong nominated Edward Hayes for the office of sergeant 
at arms. Mr. Dennis nominated John Starkweather for the same office. 
The question was first put on the nomination of Mr. Hayes and was 
decided in the negative. And a division having been called for, there 
were 32 in the affirmative and 50 in the negative. The question was 
then put on the nomination of John Starkweather and was decided in 
the affirmative. 

Moses M. Strong then nominated Edward Hayes for the office of 
doorkeeper. And the question having been put on the said nomina- 
tion, it was decided in the affirmative. 

George B. Smith then nominated R. T. Davis for the office of door- 
keeper. And the question having been put on said nomination, it was 
decided in the negative. 

Mr. Ryan nominated Wm. Kirkpatrick for the office of doorkeeper. 
And the question having been put on said nomination, it was decided 
in the affirmative. 

Mr. Crawford nominated Henry Brown for the office of messenger. 
And the question having been put on said nomination, it was decided 
in the affirmative. 

Moses M. Strong nominated Henry Starks for the office of messenger. 
And the question having been put on said nomination, it was decided 
in the affirmative. 

Mr. Baker nominated Elisha Isham for the office of fireman. And 
the question having been put on said nomination, it was decided in 
the affirmative. 

Mr. Baker introduced the following resolution, which was adopted, 
to wit: ‘‘Resolved, That the secretary be directed to invite the resi- 
dent clergymen of Madison to attend alternately and open the conven- 
tion each morning with prayer.’’ 

Moses M. Strong introduced the following resolution, which was read 
and on his motion laid on the table, to wit: ‘‘Resolved, That the secre- 
tary prepare and cause to be printed an alphabetical list of the mem- 
bers of this convention.’’ 

William R. Smith introduced the following resolution: ‘‘ Resolved, 
That the following select committees, to consist of seven members each, 


28 WISCONSIN HISTORICAL COLLECTIONS [Oct. 6 


be raised for the purpose of having submitted to them, respectively, 
the several following subjects for the consideration of the convention. 


1. The subject of legislation. 

The subject of the judiciary. 

The subject of the executive department. 

The subject of election and suffrage. 

The subject of a bill of rights. 

The subject of corporations and privileges. 

The subject of official appointments and tenure. 

The subject of learning, education, and science. 

The subject of the militia. 

The subject of currency and finance. 

The subject of public highways by land and water and the 
eminent domain of the state. 

The subject of internal improvement. 

The subject of constitutional amendments.”’ 


fot jt 
MSL OND OUP oo po 


coil aed 
g0 9 


The resolution introduced by Mr. Agry on yesterday having been first 
withdrawn, the resolution above named was read and on motion of 
William R. Smith laid on the table, and 150 copies thereof ordered 
to be printed. 

George B. Smith moved that the convention now proceed to the 
election of a printer. Moses M. Strong moved to lay said motion on 
the table, which was decided in the affirmative. And a division hav- 
ing been called for, there were 44 in the affirmative, noes not counted. 


Mr. George B. Smith took occasion to offer a resolution, 
““Resolved, That the convention proceed to elect a printer,’’ 
which was upon motion of Moses M. Strong laid upon the 
table by a vote of about two-thirds of the members. Mr. 
Smith’s exceeding anxiety to thrust forward the claims of his 
special favorite to that portion of the spoils raised quite a din 
about the ears of the gentleman.—E xpress, Oct. 12, 1846. 

Mr. Gray moved that the resolution introduced by him this morning 
relative to printing be now taken up, which was agreed to. Mr. Ryan 
moved to amend the said resolution by striking out the words ‘‘and 
also for printing the journal of this convention,’’ and pending the 
question on said amendment, on motion of Mr. Gray the said resolu- 


tion and amendment were laid on the table until tomorrow at ten o’clock 
A. M. 


Mr. Gray then called up his resolution to contract with the 
lowest bidder for the necessary printing, and his motion pre- 
vailed. 


1846] THE CONSTITUTION OF 1846 29 


Upon a second reading of the resolution Mr. Ryan moved 
that ‘‘and the journal’’ be stricken, and confine its operation 
to the incidental printing exclusively. 

Marshall M. Strong thought that although there might be a 
necessity for having the incidental printing of the convention 
done at Madison there existed no good reason why the journal 
of its proceedings could not as well be printed elsewhere, as 
it could in all probability be done cheaper and better. Mr. 
Strong was opposed by Mr. Dennis, who was in favor of giving 
the whole together, as the incidental printing would be a trifle, 
scarcely worth accepting, whereas the printing of the journal 
would cost some thousands; he was in favor of giving the fat 
job to the person who should do the lean ones, and to save un- 
necessary discussion upon the matter moved that it lie upon 
the table, to be brought up again tomorrow at ten o’clock, 
which motion prevailed.—Express, Oct. 12, 1846. 


Moses M. Strong introduced the following resolution: ‘‘ Resolved, 
That this convention will adjourn without day on Monday the twenty- 
sixth of October instant,’’ which was read and on his motion laid on 
the table. 

Mr. Parsons introduced the following resolution, which was adopted, 
to wit: ‘‘Resolved, That the members of this convention who shall 
hereafter introduce written resolutions place their names and resi- 
dence and the county they represent on the same.’’ 

On motion of Mr. Baker the convention adjourned until three o’clock 

M. 


Mr. Strong spoke in favor of this resolution. He was aware 
that it might somewhat surprise some that this subject should 
be introduced at this early stage of the proceedings and he 
merely wished to call the attention of the convention to it. He 
was of the opinion that with a due regard to dispatch and 
proper diligence in carrying on the proceedings the time al- 
lowed by this resolution would amply suffice for the prosecution 
of their duties. The people in his section of the territory were 
of this opinion; and he believed the people of the territory, gen- 
erally, were opposed to a protracted session of this body, in- 
volving as it would such a large expenditure of the public mon- 
ey. Ifthe members would therefore apply themselves diligent- 
ly upon the business upon which they were sent here, all the 


30 WISCONSIN HISTORICAL COLLECTIONS [Oct. 6 


business could be concluded in three weeks, and a useless waste 
of time and money be thereby prevented. 

The resolution was laid upon the table, to be called up by Mr. 
Strong when he deemed necessary. 

Mr. Parsons of Racine offered the following resolution: 
““Resolved That members hereafter introducing written reso- 
lutions shall append to the same their name and the county 
they represent,’’? which was adopted. 

Mr. Chase inquired if the report of the committee on rules 
and regulations was not in order; and was answered by Mr. 
Judd, chairman of the committee. 

Mr. Judd said the committee had been allowed so short atime 
that they had been unable to finish a complete report upon the 
matters they had under consideration, but would do so at the 
earliest possible period. 

Mr. Ryan asked when the committee would probably be pre- 
pared to finish their report. 

Mr. Judd replied that they would most probably do so at the 
next meeting of the convention, at 3 P. M. 

Mr. Baker moved an adjournment until 2 [3] P. M. which 
was carried, and the convention adjourned.—Express, Oct. 
12, 1846. 


THREE 0’CLOCK, P. M. 


Mr. Steele introduced the following resolution to wit: ““Resolved, 
That the resolution offered by the gentleman from Iowa for the ap- 
pointing of standing committees be taken up from the table and re- 
ferred to a select committee of five, to be appointed by the president 
of the convention, to report upon the same and to suggest and make 
such alterations or additions in the number and duties of the standing 
committees as to them shall seem proper, and that they be instructed 
to report tomorrow morning, immediately after the opening of the 
convention. ’’ 

Mr. Agry moved that said resolution be laid upon the table, which 
was agreed to. And a division having been called for, there were 45 
in the affirmative and 27 in the negative. 


Mr. Steele thought the resolution of Mr. Smith was calculated 
to expedite the business of the convention at least one week 
and consequently save a considerable expenditure of the peo- 


1846] THE CONSTITUTION OF 1846 3l 


ple’s money—it was this opinion alone that influenced him in 
offering the resolution. 

Upon a call for the reading of the previous resolution, the 
Chairman stated that, it being out of the possession of the 
house, in the hands of the printer, such could not be done. 

Mr. Ryan knew not how the paper could be out of the posses- 
sion of the house while in the hands of the printer any more 
than while the same was in the hands of the secretary. 

The Chair took occasion to inform the gentleman that the 
resolution was not literally out of the possession of the house, 
although constructively so. 

Mr. Agry moved that Mr. Steele’s resolution lie upon the 
table until the previous resolution was received from the print- 
er and read; which motion, after a few characteristic remarks 
from Mr. Ryan, prevailed.—Express, Oct. 12, 1846. 


Mr. Judd, from the committee appointed to report rules and regula- 
tions for the government of the proceedings of this convention, made 
the following report: 


‘‘The committee appointed to report rules and regulations for the 
government of the proceedings of this convention respectfully report 
the following rules: 

“‘Wirst. The president shall take the chair at the hour to which the 
convention shall have adjourned, shall immediately call the members 
to order, and on the appearance of a quorum shall cause the journal 
of the preceding day to be read and corrected. 

“‘Second. The president shall preserve order and decorum and de- 
cide questions of order subject to an appeal to the convention. He 
shall have the right to order any member to perform the duties of the 
chair; but such substitution shall not exceed beyond an adjournment. 
He shall also appoint all committees unless otherwise directed by the 
convention. 

““Third. The president shall be required to vote on all questions, 
and on calling the ayes and nays his name shall be called in alphabet- 
ical order as Mr. President. 

‘“Fourth. After the journal has been read and corrected the order 
of business shall be as follows, viz: 

1. The presentation of petitions. 

2. The reports of committees. 

3. Resolutions. 
Provided, That [no] resolution shall be acted upon on the same day 
upon which it is presented. 

4. Unfinished business of the preceding day. 

“Fifth. The rules observed in convention shall govern as far as 
practicable the proceedings in committee of the whole, except that a 


32 WISCONSIN HISTORICAL COLLECTIONS [Oct. 6 


member may speak oftener than twice on the same subject, and that a. 
call for the ayes and nays, or for the previous question, cannot be made. 
Amendments made in the committee of the whole shall be entered on a 
Separate piece of paper and so reported to the convention by the chair- 
man, standing in his place; which amendments shall not be read by the 
president unless required by one or more of the members. 

“‘Sixth. The previous question shall always be in order in conven- 
tion if seconded by a majority, and until it is decided all amendments 
and debates shall be precluded. The question shall be put in this form: 
‘Shall the main question be now put?’ And prior to the main ques- 
tion being put, a call of the convention shall be in order. All inci- 
dental questions of order arising after a motion is made for the previ- 
ous question and pending such motion shall be decided, whether on 
appeal or otherwise, without debate. 

“‘Seventh. A motion to adjourn shall always be in order and shall 
be decided without debate. 

‘“‘Highth. No member shall speak more than twice to the same 
question without leave, nor more than once until every other member 
rising to speak shall have spoken. 

‘Ninth. When a motion or question has been once put and carried 
in the affirmative or negative, it shall be in order for any member who 
voted in the majority or when the convention is equally divided for a 
member who voted in the negative to move for a reconsideration thereof 
on the same or the succeeding day; and when the motion be [to] re- 
consider is not made on the same or succeeding day, at least two days’ 
notice of intention to make such motion shall be given. 

‘“Tenth. When a question is under debate no motion shall be re- 
ceived unless to adjourn, to lay on the table, for the previous question, 
to postpone to a day certain, to commit, to amend, or to postpone in- 
definitely ; and these several motions shall have precedence in the order 
in which they stand arranged. A motion to postpone to a day cer- 
tain, to commit, or to postpone indefinitely being decided, shall not be 
again allowed on the same day and at the same stage of the proposi- 
tion. 

‘Eleventh. Whenever any member is called to order, he shall sit 
down until it is determined whether he is in order or not; and after 
such determination he shall be permitted to proceed in order. 

‘Twelfth. The ayes and noes may be called upon any question 
at the request of any eight members of the convention. 

‘Thirteenth. Fifteen or one-fifth of the members present may make 
a call of the convention and require absent members to be sent for, but 
a call of the convention cannot be made after the voting has com- 
menced ; and, the call of the convention being ordered and the absentees 
noted, the doors shall be closed and no member permitted to leave the 
room until the report of the sergeant at arms be received and acted 
upon or further proceedings in the call be suspended. 

‘Fourteenth. A member may call for a division of the convention 
upon any question, either before or after a decision by the president. 

‘Fifteenth. The standing hour for the daily meeting of the con- 


1846] THE CONSTITUTION OF 1846 33 


vention shall be ten o’clock in the morning, until the convention other- 
wise direct. 

““Sixteenth. The rules of parliamentary practice comprised in Jef- 
ferson’s manual shall govern the convention in all cases to which they 
are applicable and in which they are not inconsistent with these rules 
and the orders of the convention. 

““Seventeenth. No standing rules or order of the convention shall 
be changed or rescinded without one day’s previous notice being given 
of the motion therefor. Nor shall they be altered, changed, rescinded, 
or suspended, unless upon the vote of two-thirds of the members pres- 
ent.’’ 


The report of the committee was accepted and the committee dis- 
eharged from the further consideration of the subject. The question 
then recurred on the adoption of the report of the committee, when 
Moses M. Strong called for a division of the question. The President 
decided that the question was divisible and would be put on the adop- 
tion of the several rules separately. 

And the question having been put separately on the adoption of the 
first, second, third, and fourth rules reported by the committee, it was 
decided in the affirmative. 

And the question having been put on the adoption of the fifth rule 
reported by the said committee, it was decided in the negative. 


Mr. Judd, chairman of the committee on rules and regula- 
tions, being in order, proceeded to report the result of the la- 
bors of the committee. 

The rules and regulations contained in the report of the com- 
mittee were principally composed of those of the Council, with 
a number of revisions and innovations which somewhat dis- 
pleased that portion of the Democratic members comprising 
the Old Hunkers and gave rise to some considerable debate be- 
tween that portion of the party and those significantly entitled 
the progressive branch of the Democracy or Barnburners. 

The rule to abolish committees of the whole and consider all 
business transacted by the convention as in the convention 
called out Moses M. Strong, apparently the champion of the Old 
Hunker cause in the convention, and he gave his opinions 
against the practical utility of such a rule. All the experience 
he had had in legislative proceedings confirmed him in the be- 
lef that the abolishment of committees of the whole would tend 
directly to protract the session of the convention, and he should 


therefore move this rule be stricken out. 
3 


34 WISCONSIN HISTORICAL COLLECTIONS [Oct. 6 


Mr. Judd spoke in support of the rule and said his legislative 
experience led him to believe that the adoption of the rule 
would tend directly to save time to the convention by prevent- 
ing useless expenditure of time in discussing questions in com- 
mittee of the whole, when they can, if voted down there, be 
again brought up before the body when in convention. He did 
not see how the member could be serious in offering his resolu- 
tion of this morning to limit the session of the convention to 
three weeks, when his opposition to this rule showed an evident 
disposition to protract it far beyond that period. He hoped the 
rule would be adopted. 

Marshall M. Strong spoke in opposition to the adoption of 
the rule. He was the only one in the committee who had op- 
posed its insertion, and he did ‘so because he was of opinion 
that its utility was very questionable. It was a novelty in leg- 
islative proceedings; his experience in such matters favored 
the adoption of committees of the whole. 

Here followed a short but somewhat exciting debate upon 
the question, Moses M. Strong, Wm. R. Smith, Judd, Chase, 
and Ryan taking part in the discussion, most of them reciting 
their experience in legislative proceedings, and Mr. Ryan pref- 
acing his remarks with the consolation that he was without 
legislative experience and was somewhat disposed to appeal to, 
the risible instead of the deliberative faculties of the members. 
He occupied the time of the convention but a few minutes, for 
which I think he should have received their thanks. 

The amendment offered by Moses M. Strong to strike out a 
portion of the rule was withdrawn, and upon the question of 
the adoption of the rule as it stood it was ordered to be stricken 
out. A decided victory for the Ancient Democracy !—Express, 
Oct. 12, 1846. 

The question was then put on the adoption of the sixth and seventh 
rules reported as above and was decided in the affirmative. 

William R. Smith moved to fill the blank in the eighth rule by insert- 
ing the words ‘‘one hour.’’ Mr. Judd moved to fill the blank with the 
words ‘‘forty-five minutes.’’ Mr. Baker moved to fill the blank with 
the words ‘‘thirty minutes.’? Moses M. Strong moved to fill the blank 
with the words ‘‘two hours.’’ Mr. Crawford moved to fill the blank 


with the words ‘‘six hours.’’ The President stated that the question 
would first be put on the longest time. And having been put on filling 


1846] THE CONSTITUTION OF 1846 30 


the blank with ‘‘six hours,’ it was decided in the negative. And a 
division having been called for, there were 26 in the affirmative and 42 
in the negative. 

Moses M. Strong moved to amend the eighth rule by striking out all 
after the word ‘‘spoken’’ in the third line, which was decided in the 
affirmative. Said rule, as amended, was then adopted. 


The eighth rule, being read, was as follows: ‘‘No member 
Shall speak more than twice on the Same question without 
leave nor more than once until every other member rising to 
speak shall have spoken. Nor shall any member speak longer 
than ————_ upon the same question at any one time.’’ 

Mr. Moses M. Strong moved to fill the blank with two hours, 
and said he was opposed to having any limit to the time mem- 
bers should be allowed to speak; and as he could not believe 
that any man would occupy the time he had named, he consid- 
ered it equivalent to having no limit at all. 

Mr. Crawford moved to fill the blank with six hours, which 
certainly would give all the time that could be asked to make 
speeches in. The motion was lost, ayes 26 noes 42. 

Mr. Gray was opposed to the principal of gagging members 
and therefore would move to strike out the clause. 

Mr. Judd was in favor of the rule. Such a rule had been 
adopted by the Congress of the United States, and had been 
found to work well, and had received the approbation of both 
political parties. With such a rule there can be no harm done, 
in his opinion, as one hour would give ample time to any mem- 
ber to express his sentiments on whatever questions may arise. 
The necessity of the rule may be discovered when it cannot be 
adopted without a reflection on the conduct of some member, 
and then it will be too late. The better course would, in his 
opinion, be to adopt it now, when it would reflect on no man. 

Mr. Ryan denied that the length of time a man was speaking 
was the cause of weariness to members, but on the contrary 
weariness depended entirely on what a man had to say. An 
audience could just as well listen to one man for any given time 
as to forty men, and they would be just as likely to be bored with 
the forty as with the one. It all depended on the matter. He 
denied that the rule had been adopted by Congress. The Sen- 


36 WISCONSIN HISTORICAL COLLECTIONS [Oct. 6 


ate have never had a gag rule. Such a rule he would concede 
had been adopted in the bear garden, or House of Representa- 
tives of Congress, but nowhere else. And even there it had not 
worked well, either for the speakers, the hearers, or the public. 
Frequently, in reading the reports of speeches made in that 
body, he cursed the hammer of the speaker which cut off an 
argument in its very midst, while it not unfrequently happened 
that a speech of five minutes, made against time, where the 
speaker had nothing to say was a perfect bore to the reader. 
He would suggest that the rule had better read so as to order 
a member to stop when he has nothing more to say. 

Mr. Moses M. Strong denied that members would speak so 
long as to weary the patience of members, and he much doubted 
whether anyone would exceed’ the time of one hour, but he 
wanted no limit. 

The motion to strike out prevailed.—Argus, Oct. 13, 1846. 


The question was then put, separately, on the adoption of the ninth, 
tenth, and eleventh rules, as reported above, and was decided in the 
affirmative. 

Moses M. Strong moved to amend the twelfth rule by striking out 
the word ‘‘eight’’ in the second line, which was decided in the affirma- 
tive. And a division having been called for, there were 41 in the af- 
firmative and 37 in the negative. 

Moses M. Strong moved to fill the blank with the word “‘twenty.”’ 
Mr. Gray moved to fill the blank with the word ‘‘seven.”’ Mr. Judd 
moved to fill the blank with the word ‘‘ten.’’ Mr. Ryan moved to fill 
the blank with the word ‘‘fifteen.”’ 

And the question having been put on filling the blank with the word 
“‘twenty,’’ it was decided in the negative. 

The question then recurred on the motion to fill the blank with the 
word ‘‘fifteen.’’? And having been put, it was decided in the affirma- 
tive. And a division having been called for, there were in the affirma- 
tive 46 and 35 in the negative. The rule, as amended, was then 
adopted. 


The fifth rule, being read, was as follows: ‘‘ All propositions 
shall be considered in the convention and not in committee of 
the whole.’’ 

._Mr. Strong was opposed to this rule as an innovation upon all 
rules of legislation. No legislative body had to his knowledge 
dispensed with a committee of the whole. 


1846] THE CONSTITUTION OF 1846 37 


Mr. Judd was somewhat surprised that the gentleman from 
Iowa should oppose the rule under consideration, when he had 
just offered a resolution that the convention do adjourn in three 
weeks. The time spent in committee of the whole was, in his 
opinion, time spent in vain. In the convention in the state of 
New York a week’s time had been spent in committee of the 
whole in debating whether the governor should be thirty years 
of age and a freeholder, and another week was spent in the con- 
vention on the same question. So here, when a question has 
been fully debated in the committee, it will be again brought 
up in the convention and the whole ground traveled over again. 
Many members will vote in committee, and propositions may 
be incorporated in committee, which the convention will reject. 
These were the reasons that influenced the committee to report 
the rule, and he hoped that gentlemen would see the necessity of 
its adoption, and especially those who were so anxious to ad- 
journ at an early day. The president of the convention can 
take part in the debate by calling some other member to the 
chair as is provided by another of the rules, so that the objec- 
tion on that ground went for nothing. 

Mr. Marshall M. Strong was one of the committee who re- 
ported these rules, but to this particular one he had objected 
and still did object. It was an innovation upon legislation 
which he did not believe would operate well. The adoption of 
the rule would spread a great many motions on the journal 
which otherwise would not find their way there, thus imposing 
labor on the clerk and lumbering the journal with unnecessary 
matters. In reply to the gentleman from Dodge, Mr. Judd, he 
said that in his opinion the president would never avail him- 
self of the privilege granted him by the rule allowing him to call 
some member to the chair. No president would get up in his 
place and say to the convention, ‘‘Gentlemen I wish to speak 
on this matter.’’ The consequence then of the adoption of the 
rule would be to deprive the convention of the advice and ex- 
perience of the president. The continuance of the committee 
of the whole will save calling the ayes and noes a great many 
times, and thereby save the time of the convention. How much 
time would be consumed in making these calls he was not pre- 


38 WISCONSIN HISTORICAL COLLECTIONS [Oct. 6 


pared to say, but it would be found to amount to considerable. 
In his opinion the business of the convention would be expe- 
dited by the committee of the whole, rather than retarded as 
had been suggested. 

Mr. William R. Smith was also one of the committee and was 
in favor of the rule as reported. He would grant that it was 
an innovation on legislation, but that was no reason why it may 
not be adopted here, and operate well. It was expected that 
the committees would prepare and perfect their business. 
True, that, in legislative bodies, this was not the case; hence 
the propriety of having the committee of the whole; but such 
he hoped would not be the case with this convention. Propo- 
sitions would be laid before them, and the only question would 
be to receive or reject the same, one to amend being seldom if 
ever entertained. If this be the true ground, and he thought it 
was, the time of the convention would be saved by the adoption 
of the rule. 

Mr. Moses M. Strong said his object in opposing the adop- 
tion of the rule was to save the time of the convention as far 
as possible. But he could not believe that the rule would have 
that effect, but a contrary one. He could not, as he said before, 
see why this body should mark out a course different from that 
pursued by all other legislative or conventional bodies. He 
must disagree with his colleague in the opinion that it would be 
a saving of expense. Committees will report the various mat- 
ters referred to them, but those reports will be but the report of 
the opinion of seven or some other number of men, and the con- 
vention in all probability would see fit to amend the same; if 
this be done in the committee of the whole, the amendments will 
not be spread on the journal and the ayes and noes will not be 
called. How much time will be spent in calling the ayes and 
noes of this body cannot be at present determined. He would 
suppose that it could be done in fifteen minutes, and he thought 
that was too short rather than too long a time; then four calls, 
which could be demanded, as the rules now stood, by any eight 
members would consume one hour, and twelve times three hours 
or a half a day’s session; and in the heat of debate gentlemen 
would have no care for expense or time when they would call 


1846] THE CONSTITUTION OF 1846 39 


for these ayes and noes. But he was told that the same ques- 
tions would be raised in the house which had been settled in 
committee of the whole. For such a course the convention had 
a remedy in the previous question, and when an effort to spend 
the time of the house unnecessarily should be discovered that 
question most certainly would be called. 

Mr. Ryan was opposed to the rule and hoped it would not 
be adopted. In addition to what had been said by others, in 
which he concurred, he had another reason. The rule in his 
mind was founded in the bad opinion of the committee of the 
convention itself—that the convention will spend its time in en- 
tertaining improper questions, if the committee of the whole 
be allowed. It would be true that there would be many things 
suggested, some of which would be favorably received, and 
some rejected. Mr. Ryan could not make up his mind that the 
convention was composed of such obstinate materials as the 
committee had seemed to think. The opposite practice has 
been found to act well and he was not so progressive as to 
wish to change that which has always been found to work bene- 
ficially. 

Mr. Chase said most of the members of this convention were 
new hands at legislation; but he understood that this rule was 
an innovation of the old practice, and for which he had as yet 
heard no reason. (Mr. Chase made some further remarks 
which were not fully caught by the reporter.) 

The question was then taken on the rule and it was lost by 
@ very decisive vote. * * * 

The twelfth rule, being read, was as follows: ‘‘The ayes and 
noes may be called upon any question at the request of any 
eight members. ’’ 

Mr. Moses M. Strong moved to strike out ‘‘eight’’ and in- 
sert ‘‘one-fifth of the members present.’’ That was the num- 
ber required by the Constitution of the United States for the 
House of Representatives of Congress. 

Mr. Elmore had heard a great deal said about Progressive 
Democracy, but this motion was retrogressive, or the gentleman 
from Iowa did not belong to the progressive party. When the 
Whigs were all told, there were but sixteen of them, and one- 


40 WISCONSIN HISTORICAL COLLECTIONS [Oct. 6 


fifth of one hundred twenty-five, twenty-five. If the motion of 
the gentleman from Iowa was adopted, he would place it out of 
the power of the Whigs to call for the ayes and noes. He did 
hope that the dominant party would at least allow the Whigs 
to have a show. 

Mr. Moses M. Strong would ever be ready to allow the Whigs, 
few as they were, to vote on all questions. 

Mr. Chase was in favor of the rule as it then stood, and op- 
posed to having one-fifth, as it would take considerable time 
_ to determine what number would constitute one-fifth of those 
present. 

Mr. Moses M. Strong could not think there would be as much 
difficulty as was supposed by members, but he would modify his 
motion so as to strike out ‘‘eight’’ and leave a blank. The mo- 
tion prevailed. 

Mr. Strong then moved to fill the blank with ‘‘twenty.’’ Lost. 

Mr. Ryan moved ‘‘fifteen’’; which carried.— Argus, Oct. 13, 
1846. 


Several other points of minor consideration contained in the 
report were discussed, among others, that relating to the num- 
ber necessary to call for a division of the house, in which Mr.. 
Elmore from Waukesha, Moses M. Strong, and Ryan partici- 
pated. 

Mr. Elmore wished the Whigs to have a small chance to make 
themselves heard in the convention—was aware they were but 
a small proportion of those present, but still he thought they 
should be allowed a chance to show that still they were there. 
He hoped the convention would reduce the number required for 
a call for a division as low as possible. 

It was finally decided that fifteen should be necessary for 
such a call_—Euapress, Oct. 12, 1846. 


Moses M. Strong moved to amend the thirteenth rule by striking out 
the words ‘‘one-fourth’’ in the third line, which was decided in the 
affirmative. And a division having been called for, there were in the 
affirmative 40 and 15 in the negative. 

Mr. Chase moved to fill the blank with the word ‘‘fifteen.’? Mr. 
Judd moved to fill the blank with the word ‘‘twenty-five.’? And the 
question having been put on said last motion, it was decided in the 


1846] THE CONSTITUTION OF 1846 41 


negative. The question then recurred on filling the blank with the 
word ‘‘fifteen.’’ [And] having been put, it was decided in the affirm- 
ative. 

Mr. Ryan moved further to amend the said rule by inserting after 
the word ‘‘fifteen’’ in the first line the words ‘‘or one-fifth,’’ which 
was decided in the affirmative. Said rule, as amended, was then 
adopted. 

Moses M. Strong moved to amend the fourteenth rule by striking 
out the words ‘‘by tellers’’ in the second line, which was decided in 
the affirmative. Said rule as amended was then adopted. 

The question was then put on the adoption of the sixteenth rule, 
and decided in the affirmative. 

Moses M. Strong moved to amend the seventeenth rule by striking 
out the word ‘‘suspended’’ in the second line. And having been put, 
it was decided in the affirmative. Said rule as amended was then 
adopted. 

Marshall M. Strong moved to amend the report of the committee 
by inserting the following as rule fifth: ‘‘Fifth. The rules observed 
in convention shall govern as far as practicable the proceedings in 
committee of the whole, except that a member may speak oftener than 
twice on the same subject, and that a call for the yeas and nays or 
for the previous question cannot be made. Amendments made in the 
committee of the whole shall be entered on a separate piece of paper 
and so reported to the convention by the chairman, standing in his 
place; which amendments shall not be read by the president, unless 
required by one or more of the members,’’ which was decided in the 
affirmative. 

On motion of Mr. Judd [it was] ordered that 200 copies of the rules 
just adopted be printed for the use of the members of this convention. 

Moses M. Strong introduced the following resolution, which was 
adopted, to wit: ‘‘Resolved, That 200 copies of the rules adopted for 
the government of the convention be printed in pamphlet form, to- 
gether with a list of the standing committees, the names of the mem- 
bers of the convention, together with their residences and boarding 
houses. ’’ 

On motion of Mr. Lovell the resolution to refer the resolution for 
the appointment of standing committees to a select committee was 
taken up, when Mr. Judd moved to amend said resolution by striking 
out the word ‘‘five’’ in the third line and inserting the word ‘‘seven”’ 
in lieu thereof. Mr. Steele accepted the said amendment as a modifi- 
cation to the original resolution. Mr. Baker moved further to amend 
said resolution by striking out the word ‘‘seven’’ in the third line and 
inserting the word ‘‘thirteen’’ in lieu thereof, which was decided in 
the affirmative. The said resolution as amended was then adopted. 

The President announced the appointment of the following commit- 
tee under the resolution above named, to wit: Messrs. Steele, Baker, 
A. Hyatt Smith, [Graham, Reed, Agry, George B. Smith,] Dennis, 
Moses M. Strong, Phelps, Bevans, Préntiss, and Ryan. 


42 WISCONSIN HISTORICAL COLLECTIONS [Oct. 6 


Mr. Chase presented the following resolution which was read and 
on his motion laid on the table, to wit: ‘‘Rcesolved, That each mem- 
ber of this convention be furnished with forty copies of any paper 
published in Madison during the session of the convention.’’ 

On motion of Mr. Lovell the convention adjourned. 


1846] THE CONSTITUTION OF 1846 43 


WEDNESDAY, OcToBER 7, 1846 


Prayer by the Rev. Mr. Miner. 

The journal of yesterday [was] read and corrected. 

Mr. Crawford presented the credentials of George Hyer, from the 
county of Jefferson, and on his motion said Hyer was admitted to a 
seat as a member of this convention. 

Mr. Baker presented the credentials of Israel Inman Jr. and San- 
ford P. Hammond, who were on his motion admitted to seats as mem- 
bers of this convention. 

Nathaniel F. Hyer introduced the following resolution, which was 
read and laid over under the rule until tomorrow morning, to wit: 
“‘Resolved, That the clerk of the supreme court, the clerks of the sev- 
eral district courts, and the registers in chancery be and they are 
hereby requested to furnish for the information of this convention a 
statement showing: First, The number of suits commenced in their 
respective courts during the year ending on the first day of October, 
1846 ; second, the number of trials had and suits disposed of; third, 
the amount of money collected during the same term, exclusive of costs; 
fourth, the amount of costs and fees charged in the business of their 
respective courts during the same term by clerks, registers in chancery, 
sheriffs, and all other officers of their respective courts, witness’ fees, 
and the amount of attorneys’ fees, as near as they can estimate the 
same.’ é 


Mr. Steele, from the select committee to whom was referred the 
resolution of Wm. R. Smith referring several subjects to appropriate 
committees, made the following report: 


“‘The committee to whom was referred the resolution for the ap- 
pointment of certain select committees therein named beg leave to re- 
port that they have duly considered the resolution referred to them 
and report the same back with the following amendments: 

“Strike out the word ‘seven’ in the first line, and insert instead 
thereof the word ‘five,’ and strike out all after the word ‘convention’ 
in the third line, and insert as follows: 


. On the constitution and organization of the legislature. 

. On the powers, duties, and restrictions of the legislature. 

. On the executive of the state. 

. On the organization and officers of counties and towns, and 
their powers and duties. 

On the organization and functions of the judiciary. 

On municipal corporations. 

On banks and banking. 

On corporations other than banking and municipal. 

. On a bill of rights. 


ONAN Popp 


44 WISCONSIN HISTORICAL COLLECTIONS [Oct. 7 


10. On a preamble. 

11. On suffrage and elective franchise. 

12. On the militia. 

13. On education, schools, and school funds. 

14. On finance, taxation, and public debt. 

15. On internal improvements. 

16. On miscellaneous provisions not embraced in the subjects com- 
mitted to other committees. 

17. On amendments to the constitution. 

18. On the act of Congress for the admission of the state. 

19. On the name and boundaries of the state. 

20. On the schedule for the organization of the state government. 

21. On the eminent domain and property of the state. 

22. On the revision and adjustment of the articles of the consti- 
tution, adopted by the convention. 


‘* All of which is respectfully submitted. 
E. STEELE, of Racine, 
Chairman of Committee.’’ 


The report of the committee was accepted and the committee dis- 
charged from the further consideration of the subject. The question 
having been put on the adoption of the report of the committee, it 
was decided in the affirmative. 

Mr. Dennis moved that 200 copies of the above report be printed, 
which was decided in the affirmative. 

Mr. Parks introduced the following resolution, to wit: ‘‘Resolved, 
That this convention elect a second assistant secretary,’’ which was 
laid over under the rule. 

The following resolution introduced yesterday by Mr. Chase was 
then taken up, to wit: ‘‘Resolved, That each member of this conven- 
tion be furnished with 40 copies of any paper printed in Madison 
during the session of the convention.’’ Mr. Judd moved to amend said 
resolution by striking out the number 40 and inserting the num- 
ber 25 in lieu thereof. Mr. Baker moved to amend the amendment by 
striking out the number 25 and inserting the number 3 in lieu thereof. 
Mr. Lovell called for a division of the question. And the question 
having been put on striking out the number 40, it was decided in the 
affirmative. And a division having been called for, there were 50 in 
the affirmative, negative not counted. 

Moses M. Strong moved to fill the blank with the number 260. Mr. 
Baird moved to fill the blank with the number 30. Mr. Kinney moved 
to fill the blank with the number 15. And the question having been 
put on filling the blank with the number 260, it was decided in the 
negative. The question then recurred on filling the blank with the 
number 30 when John Y. Smith was excused from voting on the said 
question. And the question having been put, it was decided in the 
negative. And the ayes and noes having been called for and ordered, 
those who voted in the affirmative were [affirmative 30, negative 62; 
for the vote see Appendix I, roll call 1]. 


1846] THE CONSTITUTION OF 1846 45 


Mr. Lovell moved to fill the blank with the number 20 and 
subsequently withdrew the motion, which was renewed by Marshall 
M. Strong. Moses M. Strong moved to postpone the resolution until 
the fourth day of July next. And the question having been put upon 
said motion, it was decided in the negative. 

Moses M. Strong then moved to lay the said resolution on the table, 
which was decided in the negative. 

Mr. Baird then moved to fill the blank with the number 25, which 
was decided in the negative. And a division having been called for, 
there were 35 in the affirmative, negative not counted. 

The question then recurred on filling the blank with the number 
20 [which was decided in the affirmative]. And a division having 
been called for, there were 57 in the affirmative, negative not counted. 

Mr. Lovell moved further to amend the resolution by inserting after 
the word ‘‘Madison”’ in the third line the word ‘‘weekly,’’ which was 
decided in the affirmative. 

George Hyer moved further to amend the resolution by adding 
thereto the words ‘‘and that the printer be paid the sum of five cents 
per copy for said papers.’’ Mr. Giddings moved to amend the amend- 
ment by striking out the number 5 and inserting the number 4 in lieu 
thereof, which was decided in the affirmative. And a division having 
been called for, there were 48 in the affirmative and 10 in the negative. 
The question then recurred on the adoption of the amendment as 
amended. And having been put, it was decided in the affirmative. 

Mr. Ryan then moved further to amend the resolution by inserting 
after the words ‘‘every member of the convention’’ the words ‘‘for 
distribution among his constituents,’’ which was decided in the affirma- 
_ tive. And a division having been called for, there were 36 in the 
affirmative and 28 in the negative. 

The question then recurred on. the adoption of the resolution as 
amended. And having been put, it was decided in the affirmative. 
And the ayes and noes having been called for and ordered, those who 
voted in the affirmative were [affirmative 58, negative 37; for the vote 
see Appendix I, roll call 2]. 


The resolution offered by Mr. Chase yesterday was an- 
nounced the next business in order. 

Mr. Judd offered an amendment to the resolution substi- 
tuting twenty-five in place of forty copies. 

Mr. Steele was opposed to the amendment. This was not a 
matter to benefit the members, but to benefit the people—their 
constituents—that they might know what we were doing here, 
and that they might vote understandingly on the results of this 
convention when it was presented to them. He was in favor 
of the original motion. 


46 WISCONSIN HISTORICAL COLLECTIONS . [oet. 7 


Mr. Chase represented alone the Democracy of Fond du Lae, 
and he wanted to let the whole people of his county hear how 
they were conducting the great interests confided to this con- 
vention. He hoped the original motion would not be altered. 

Mr. Ryan said that there was an economy that saves money 
and an economy that spends money—an economy that saves 
pennies and spends pounds. If there is a breeze that blows 
from us to our constituents, and from them to us, there was 
a reciprocal influence that resulted in good, both to them and 
to us. They were informed of our proceedings, and we were 
subject to the expression of the popular will. They could vote 
understandingly on the deliberation of this body—we act know- 
ingly on the wishes of our constituents. We represent, at an 
average, 1,300 people, and they should all know, as they were 
anxious to know, what we were doing here. 

Moses M. Strong went against this mode of procuring pa- 
pers altogether. He wanted to show the effect. This resolu- 
tion proposes to furnish forty papers weekly to each delegate. 
Although he hoped the session would not last longer than three 
weeks, yet it was thought by many that eight weeks would be 
consumed; and, at the number proposed, forty thousand pa- 
pers would be furnished at an expense of $2,000. Every man 
interested in the proceedings of this body knew what we were 
doing; those who did not care would not be informed by our 
sending to their door a copy of our proceedings. This was a 
dishonest expenditure of the people’s money. We had no 
right to do it. To distribute forty papers among 1,300 people 
afforded a communication to but a small part. It was taxing 
the great body to benefit the few. This was a small means of 
electioneering—to pamper a few who might be pleased—but 
many would hardly thank their representatives for such a 
manifestation of regard as an isolated newspaper. He wanted 
the people to know and understand this policy. 

Mr. Baker thought that three copies were sufficient. There 
were three papers published here, and inasmuch as the journal 
was not printed daily, it was necessary that the members 
should have something by which to watch their progress—and 
this was all that should be granted to members. This resolu- 


1846] THE CONSTITUTION OF 1846 47 


tion was making a bad precedent, as well as being wrong in 
principle. 

(Remarks from several gentlemen who followed were lost.) 

Mr. Ryan wished to add a word as to expense. There were 
125 members. The expense would be $250 per week; a small 
item of expense in comparison with the object. He did not 
think the amount would be better expended. He thought when 
they sat in private—as in private they must sit in this town— 
we should take means to let people know what we were doing. 
A Democrat in private belonged to the retrograding Democ- 
racy, and not to the progressive Democracy. It was a Democ- 
racy that grew out at the tail and not at the head. He wished 
that all his constituents and the constituents of every member 
could be where they might hear and see the action of this 
convention. For the sake of advising the people of the doings 
of this body, this expenditure would be better appropriated 
than in any other way. A gentleman had remarked that this, 
like the dews of heaven, would not fall equally. He did not 
think so. During the session everybody was interested in the 
proceedings. His constituents had tongues and they talked, 
and that [sic] their action would reach his 1,300 constituents, 
men, and women, too, for they also looked here for protection. 
If the principle held good in one ease it must also in another. 
All were taxed for the support of the judiciary, but no one 
would assume from this that all were litigants. And if the 
principle contended for by those opposed to this resolution, the 
lobby members of our legislative bodies should be taxed at 
least three-fourths of the expense of such bodies. 

Mr. Moses M. Strong thought $250 per week a large expendi- 
ture. But his chief objection was not reached by the gentle- 
man from Racine. His constituents did not live in villages to 
loiter about the streets, but digging away among the mineral 
and striking for a new lead. They were all interested in the 
proceedings of this convention, and every man fit to have a 
paper took one; and the exchange of papers furnished them 
with all that transpired here. 

Mr. Kellogg said the entire economy was bad. His constitu- 
ents derived all their news from their county papers, and 
through these they would know of the proceedings of this body. 


48 WISCONSIN HISTORICAL COLLECTIONS [Oct. 7 


The amendment was then put and carried. 

Mr. Moses M. Strong moved to insert 260. Lost. 

Mr. Baird moved 30. 

Mr. Moses M. Strong moved an indefinite postponement. 

Decided out of order. 

Mr. Marshall M. Strong renewed the motion of his colleague. 

Mr. Moses M. Strong moved to postpone till the fourth of 
July, 1847. 

Mr. Marshall M. Strong raised the point of order. 

Mr. Baker thought the question was the filling of the blank. 
No other motion could be entertained until all the series of 
numbers were voted upon. 

The President decided that the motion to postpone was in 
order—that it was not within the knowledge of the Chair to 
what length the session might be protracted. 

Marshall M. Strong appealed from the decision. He said 
this was but a motion, and did not require a renewal of any 
amendment, and was not decided until the blank was filled. 
The convention had not decided on any number when they 
voted down 260. He thought the motion was equivalent to an 
indefinite postponement. The decision did away with the rule. 
The friends of a measure could be put down at once if this 
decision prevailed. The President must have understood the 
question as he had; else why had he taken down the members 
as they were named. 

Moses M. Strong said he supposed the question was on the 
decision ‘‘Shall the Chair be sustained?’’ The decision was 
that he was in order. The original resolution had not been 
disposed of. If the first was not disposed of he had a right 
to make the motion to postpone. Each was a decided and par- 
ticular motion. He would admit that a motion to postpone to 
a day certain, beyond the probable session, was tantamount 
to an indefinite postponement. The decision of the Chair was 
very correctly made. He thought the convention might not 
adjourn before the fourth of July, 47, if the doings of the 
morning were to be the criterion. 

The President said he had not had time to consider the ques- 
tion, but he should be happy to be corrected if wrong. He then 


1846] THE CONSTITUTION OF 1846 49 


stated the question when Marshall M. Strong withdrew his mo- 
tion. 

The motion of indefinite postponement was then put and 
lost. 

Moses M. Strong then moved to lay on the table. Lost. 

The Chair put the question on filling the blank with 25. Lost. 

Mr. G. B. Smith was of opinion that 40 would have been a 
proper number. It was necessary that the public have the in- 
formation to decide on the constitution this convention will 
present. He wanted to know that if im a community of sixty 
by distributing a few papers they would be all informed of the 
doings of this body. If the people did not hear what we did 
it was unnecessary for us to do. The production of this body 
was to be placed immediately before the people for their ac- 
ceptance or rejection. The papers had reporters, and, by send- 
ing them to the people, misapprehensions would be corrected 
and perhaps the entire labor of this convention saved from a 
rejection founded on inadequate knowledge of its proceedings. 

After some slight further discussion, the motion to fill the 
blank with 20 was put and carried. 

Mr. Ryan offered an amendment to insert the word ‘‘weekly”’ 
before the word ‘“‘papers.’’ Carried. 

Mr. G. Hyer moved the printers be allowed five cents per 
copy. 

Mr. Giddings moved four cents. 

Moses M. Strong did not see the necessity of swindling the 
printer. 

Mr. Judd thought the printer could afford it. 

Mr. G. Hyer said if they would pay for them in advance it 
would answer. 

The amendment was adopted. 

Mr. Ryan moved another amendment, to wit: by inserting 
“‘for distributing among their constituents.”’ ; 

Mr. Elmore asked—‘‘Why gild the pill?’’ He could not 
see what right the convention had to bind him to send his pa- 
pers. 

Mr. Ryan did not vote for the resolution on any other prin- 
ciple than that the papers were for distribution, and if the 


4 


50 WISCONSIN HISTORICAL COLLECTIONS [Oct. 7 


gentleman from Waukesha did not want his papers, the peo- 
ple would not have them to pay for. 

The amendment was carried. 

Moses M. Strong said that for the purpose of allowing the 
retrograding crawfishing Democracy the privilege of record- 
ing their votes he would call for the ayes and nays. 

Mr. Wakeley wished the matter understood. He was not a 
stranger to Democracy, and to progressive Democracy. He did 
not expect to answer the arguments offered, but it appeared 
to him to be opposed to Democracy. He did not believe his 
constituents sent him here to tax them for papers. If a bill to 
have the members themselves taxed for this purpose, how 
many votes would it receive? He opposed it on the ground 
that it was antidemocratic to force a tax upon the people for 
a paper they, perhaps, did not want. 

Mr. Steele said much had been said about the expense of 
furnishing the people with the proceedings of the convention. 
The proceedings of yesterday and today cost $500, and little 
but.‘useless discussion had taken place. This amount would 
have done much towards placing the convention and its pro- 
ceedings before the people. And if gentlemen wished the do- 
ings of this convention understood as we progress, more active 
exertion should be adopted. In voting for this measure he 
voted his own taxation as well as that of his constituents. 

Mr. Kellogg said we could not shut out the information from 
the people—they would have it. He thought it a waste of pub- 
lic money. He believed that we were establishing a precedent 
that was entirely wrong. 

The ayes and nays were called, which resulted as follows: 
[ayes 58, noes 37; for the vote see Appendix I, roll eall 2].— 
Democrat, Oct. 10, 1846. 


The unfinished business coming up in order, the resolution 
offered yesterday by Mr. Chase was taken up. 

Moses M. Strong moved for a call of the yeas and nays. 

Mr. Judd wished the resolution read before being submitted 
—was under the impression that its reading was not as definite 
as might be, as it does not state whether the forty papers in- 


1846] THE CONSTITUTION OF 1846 dl 


tended for the members should be weekly or for the whole ses- 
sion. If the former, the number was too large, and if the lat- 
ter, as much too small. He would offer an amendment previ- 
ous to the vote being taken. 

W. R. Smith inquired if the intention of the resolution was 
to apply to any particular paper and was answered in the 
negative by the Chair. 

Mr. Judd would amend the resolution so as to read 25 in- 
stead of 40 newspapers. 

Mr. Steele thought the number contained in the resolution 
not one too many for the thousands of the constituents repre- 
sented in this body; it was necessary that they should know 
what was being done in this convention from day to day, and 
this was the only method of placing such information before 
them, and therefore advocated the passage of the resolution 
without amendment. 

Mr. Chase spoke in opposition to the amendment; he was the 
only Democratic member from his county, and so small a num- 
ber would go but a little way in furnishing the Democrats in 
his county with papers advocating Democratic principles and 
measures. Both his colleagues were Whigs, and they could 
supply the Whigs with twice the number he would be able to 
distribute. 

Mr. Elmore thought twenty-five sufficient ‘to supply the peo- 
ple with all the information they could desire—he believed his 
colleagues would make no distinction between Whigs and 
Democrats in the distribution they would make. 

Mr. Ryan had heard of one description of economy that 
saves, and another that wastes, and was inclined to think this 
matter ranked with the latter—it was decidedly a ‘‘penny-wise 
and pound-foolish’? movement. This convention would no 
doubt remain in session some considerable time, and 
unless the people were aware of what they were doing they 
might depart materially from the course most satisfactory to 
them. With the proceedings placed before them from time to 
time, they would be enabled to form a good idea of what was 
doing, and, if not satisfactory, proceed at once to remedy the 
evil. For his part he was open to the instructions of those 


52 WISCONSIN HISTORICAL COLLECTIONS [Oct. 7 


whom he represented in this body. It was intended that the 
constitution produced by this convention should be submitted 
for the approval of the people, and their being acquainted with 
the details of its proceedings would enable them to form a cor- 
rect opinion of its merits and demerits, but if they should be 
kept in the dark they might be led to reject this constitution 
from a want of sufficient time to consider upon its merits and 
demerits, and the whole cost of this convention thus be thrown 
away, whereas they might be saved by the judicious expenditure 
of a few picayunes. 

Moses M. Strong took grounds against the members being 
allowed any papers at the public expense; considered such a 
distribution dishonest in effect against the interest of the tax- 
payers. He gave statistics to show the enormity of the expense, 
amounting to some $2,000 during a session of eight weeks, and 
every gentleman should consider the expediency of such a prec- 
edent upon the very commencement of our progress. He knew 
no equal distribution could be made of forty or twenty-five pa- 
pers a week; some prominent men would be burdened with 
three or four, and the great majority never see one; yet all 
were compelled to pay alike for them. They would be used to 
flatter the pride and vanity of a favored few for mere election- 
eering purposes, at the expense of the great mass of the people. 
His constituents were as anxious as any others in the territory 
to receive information of the progress of this convention; yet 
they were as anxious to pay for it. He hoped the measure 
would not prevail. 

Mr. Baker would favor the substitution of 3 instead of 40, 
for the personal reference of the members; and, as there was 
to be no publication of the journal, he was of opinion that this 
number was actually necessary to have before them the pro- 
ceedings from day to day. 

Mr. Steele opposed any amendment; gave the convention to 
understand that he ranked among the ‘‘ progressive’? Democ- 
racy; would have knowledge distributed among the people as 
far as possible; was opposed to the principle of depriving 
children of an education to save the paltry sum to pay a school- 


1846] THE CONSTITUTION OF 1846 53 


master ; and thought it a foolish plan to keep the people in the 
‘dark in regard to the proceedings of this convention. 

Mr. Judd spoke in advocacy of his amendment. He did not 
quite understand all that had been said upon ‘‘progressive’’ 
Democracy and the age of improvement, since the commence- 
ment of the session. If it meant the equal distribution of public 
benefits among the people, he was of that party; but if other- 
wise, he was no Progressive Democrat, but he claimed to belong 
to the progressive party ‘‘as he understood it.’’ But he thought 
the precedent a bad one with which to commence the proceed- 
ings of a convention to form the organic law of our future state, 
and would therefore like to see the number reduced. 

Mr. Ryan again took the floor to oppose any amendment and 
was followed by Moses M. Strong, who argued the expediency, 
economy, and propriety of abolishing the practice of furnishing 
papers to members. 

Mr. Crawford, of Milwaukee, advocated the adoption of the 
resolution without amendment. 

The call for a division upon the amendment was sustained, 
and the question, being put, was decided in the affirmative. The 
resolution thus reads 20 instead of 40 papers. 

George Hyer moved an amendment, to wit: ‘‘That the 
printers be allowed five cents each for such newspapers.’’ 

This gave rise to another grave discussion. 

Mr. Dennis thought the printer ought to furnish them for 
four cents, as he could afford to wholesale them cheaper than 
he could retail them. 

Mr. Hyer remarked that the printers could make nothing by 
furnishing the papers at five cents, as he knew from experience, 
He was a printer himself, and had furnished papers to legisla- 
tive bodies, so that he considered himself competent to judge of 
this matter. The expense attending the report of the proceed- 
ings increased the ordinary cost of getting up the paper. 

Mr. Giddings was in favor of reducing the price to four 
cents. 

Moses M. Strong thought this a poor business. While they 
were compromised in regard to the matter, the convention 
should not shrink from their position by swindling the printers. 


54 WISCONSIN HISTORICAL COLLECTIONS [Oct. 7 


Mr. Judd thought they could be afforded for four cents and 
would vote for such reduction. 

After some three hours more spent in discussing this subject, 
Messrs. Ryan, Moses M. Strong, Kellogg, Steele, George B. 
Smith, and others taking part therein, it was finally put and 
carried that the resolution should read thus: 

“Resolved, That each member of this convention be furn- 
ished with 20 copies of any paper published in Madison, week- 
ly, for distribution among their constituents, and the printer 
be allowed four cents each for the same.’’—E press, Oct. 12, 
1846. 


Mr. Crawford presented the credentials of James M. Moore, a mem- 
ber of the convention from the county of Waukesha, who, on his mo- 
tion, was admitted to his seat as such member. 

Moses M. Strong moved that the convention adjourn, which was de- 
cided in the affirmative. And a division having been called for, there 
were 53 in the affirmative, negative not counted. So the convention ad- 
journed until tomorrow morning at ten o’clock. 


1846] THE CONSTITUTION OF 1846 55 


THURSDAY, OcToBER 8, 1846 


Prayer by the Rev. Mr. Miner. 

The journal of yesterday was read and corrected. 

Mr. Hyer presented the certificate of election of Peter H. Turner as 
a delegate to this convention from the county of Jefferson. And upon 
his motion he was admitted to a seat. 

Mr. Dennis presented the certificate of election [of] John H. Mana- 
han as a delegate to this convention from the county of Dodge. And 
upon his motion he was admitted to a seat. 

Mr. Baker presented the certificate of election of Wm. C. Green as 
a delegate to this convention from the county of Green. And upon his 
motion he was admitted to a seat. 

The resolution introduced by Mr. Gray on the sixth instant relative 
to printing was then taken up, when Mr. Baker moved to amend said 
resolution by striking out all after the word “*Resolved,’’ and insert- 
ing as follows: ‘‘That Benjamin Holt be employed to do the incidental 
printing of this convention, and to print the journal of its proceedings, 
Provided, that he shall execute to the treasurer of the territory a bond, 
to be approved by the governor, with one or more freeholders as sure- 
ties, in the penal sum of $2,000, conditioned for the faithful perform- 
ance of such work.’’ 

Mr. Elmore offered the following as a substitute to the amendment, to 
wit: ‘‘Strike out all after the word ‘Resolved’ and insert ‘That a 
printer to the convention be elected forthwith viva voce, and the mode 
of conducting the election shall be by calling the names of the members 
from the list of ayes and noes, and every member shall answer 
the name of the person for whom he votes, and a statement of the vote 
[shall be recorded] at length on the journal.’ ’’ And the question hay- 
ing been put on the adoption of said substitute, it was decided in the 
affirmative. 


Mr. Elmore said he had an amendment to the amendment. 
He wanted to see the Retrograding Democracy and the Pro- 
gressive Democracy and the Whigs come straight up to the 
mark. He did not wish members to sneak behind a secret vote. 
He never gave a vote he was ashamed to record, and he hoped 
to see every man’s vote ina tangible form. He therefore moved 
to strike out all after the word “‘ Resolved’’ and insert “That a 
printer to the convention be elected forthwith viva voce, and 
the mode of conducting the election shall be by calling the names 
of the members from the list of ayes and nays, and every mem- 
ber shall pronounce the name of the person for whom he votes, 


56 WISCONSIN HISTORICAL COLLECTIONS  [oct. 8 


and a statement of the vote in all its details shall be rendered 


at length on the journal.’’ 

Moses M. Strong asked if the gentleman supposed he could 
scare a Democrat by such a proposition. There was no gentle- 
man of the Democratic party but what was ready and willing 
to record his vote on this or any other question as were the 
Whig members. He was here to vote for his constituents, and 
he did not wish to hide himself behind a secret ballot. 

Mr. Beall was prepared for this question—all were prepared. 
The ayes and noes had no terrors for him—it had no terrors 
for anyone. He rose to express the hope that the scenes of 
yesterday were not to be revived.—Ezpress, Oct. 12, 1846. 


Mr. Beall was prepared to vote for the printer now and was 
before he entered this room and he believed every gentleman 
was equally prepared. Ayes and noes on all questions had no 
terrors for him; he was always prepared to show his constitu- 
ents how he had voted in this body. His whole object in ris- 
ing was to urge upon the convention the necessity of voting at 
once on the question and not reénact the scenes of yesterday. 

The question was taken and the substitute prevailed.—Argus, 
Oct. 13, 1846. 


The question then recurred on the adoption of the resolution as 
amended. And having been put, it was decided in the affirmative. 
Whereupon the convention proceeded to the election of a printer to 
the convention in accordance with said resolution. And the names of 
the several members having been called they voted as follows: 

Those who voted for Beriah Brown were: Messrs. Barnes Babcock, 
Baird, Hiram Barber, Burnside, Warren Chase, Cooper, Coxe, Craw- 
ford, Cruson, Dennis, Dickinson, Doty, Drake, Dunning, Edgerton, 
Ellis, Fitzgerald, French, Gibson, Giddings, Goodell, Goodrich, Good- 
sell, Graham, Granger, Gray, Harkin, Hazen, Hesk, Hill, James, Jans- 
sen, Judd, Asa Kinne, Meeker, Moore, O’Connor, Parks, Mr. President, 
Rankin, Reed, Rogan, George B. Smith, William R. Smith, Steele, To- 
land, Turner, Vliet, White, and Wilson—50. 

Those who voted for Benjamin Holt were: Messrs. Agry, Atwood, 
John M. Babcock, Baker, Beall, Bell, Bennett, Bevans, Bowen, Bowk- 
er, Boyd, Hiram Brown. Chamberlain, Fuller, Green, Geo. B. Hall, 
James H. Hall, Hammond, Huebschmann, Geo. Hyer, Nathaniel F. Hy- 
er, Inman, Jenkins, Kellogg, Kern, Lovell, Madden, Mills, Noggle, Park- 
inson, Phelps, Pierce, Prentiss, Ryan, Seaver, A. Hyatt Smith, Sewall 
Smith, Soper, Marshall M. Strong, Moses M. Strong, Topping, Wakeley, 
Whiteside, and Willard—44. 


1846] THE CONSTITUTION OF 1846 57 


Those who voted for Wm. W. Wyman were: Messrs. Burchard and 
Elmore—2. 

Beriah Brown, having received a majority of all the votes cast, was 
declared by the President duly elected printer to the convention. 


Mr. Moses M. Strong: Mr. President, will the Whig vote 
be counted for Mr. Brown? 

President: That question must be settled in caucus. 

Mr. Ryan: I understand that caucuses have been exploded 
from this body.—Argus, Oct. 13, 1846. 


The following resolution, mtroduced on yesterday, was then taken 
up, to wit: ‘“‘Resolved, That this convention elect a second assistant 
seeretary,’’ and on motion of Mr. Giddings the resolution was laid on 
the table. 


The resolution for electing a second assistant secretary was 
announced the next business in order. 

Mr. Ryan wished to know if one was wanted. 

The Secretary answered that for the present they could write 
out the proceedings, but that it was necessary to copy them in- 
to a book, and that by and by another secretary would be nec- 
essary to do this part of their duty.—Democrat, Oct. 10, 1846. 


The resolution introduced on yesterday calling upon the clerks 
of the different courts in the territory for certain information was then 
taken up, when Moses M. Strong moved to lay the said resolution on the 
table, which was decided in the affirmative. And a division having 
been ‘ealled for, there were 47 in the affirmative and 28 in the negative. 

On motion of George B. Smith the convention adjourned until four 
o’clock, P. M. 


FOUR O’CLOCK, P. M. 


The President announced the appointment of the following standing 
committees, to wit: 

1. On the constitution and organization of the legislature: Messrs. 
Marshall M. Strong, Baird, Tweedy, Madden, and Cooper. 

2. On the powers, duties, and restrictions of the legislature: Messrs. 
Agry, Bell, Hesk, Jenkins, and Inman. 

3. On the executive of the state: Messrs. Reed, Agry, Whiteside, 
Boyd, and Rankin. 

4. On the organization and officers of counties and towns, and their 
powers and duties: Messrs. Baird, Marshall M. Strong, Asa Kinne. 
Mills, and James. 


58 WISCONSIN HISTORICAL COLLECTIONS [Oct. 8 


5. On the organization and function[s] of the judiciary : Messrs. Bak- 
er, Ryan, Hiram Barber, William R. Smith, and O’Connor. 

6. On municipal corporations: Messrs. Bevans, Burnett, Clark, Haz- 
en, and Pierce. 

7. On banks and banking: Messrs. Ryan, Gibson, Phelps, Sewell 
Smith, and Soper. 

8. On corporations other than banking and municipal: Messrs. Nog- 
gle, Gray, Randall, Kern, and Hammond. 

9. On a bill of rights: Messrs. George B. Smith, Giddings, Wakeley, 
Granger, and Goodrich. 

10. On a preamble: Messrs. O’Connor, Dunning, Hill, Bowker, and 
James H. Hall. 

11. On suffrage and elective franchise: Messrs. Moses M. Strong, 
Huebschmann, Cox, Burchard, and Manahan. 

12. On the militia: Messrs. Wm. R. Smith, Crawford, Parkinson, 
French, and Topping. 

13. On education, schools, and school funds: Messrs. Graham, Ryan, 
Dennis, Fitzgerald, and Drake. 

14. On finance, taxation, and public debt: Messrs. Judd, Burnside, 
White, Toland, and Kellogg. 

15. On internal improvements: Messrs. Meeker, N. F. Hyer, Rogan, 
Wilson, and Green. 

16. On miscellaneous provisions not embraced in the subjects com- 
mitted to other committees: Messrs. Steele, Warren Chase, Doty, B. 
Babcock, and Bowen. 

17. On amendments to the constitution: Messrs. Lovell, Parks, Crus- 
on, Atwood, and Bennett. 

18. On the act of Congress for the admission of the state: Messrs. 
Prentiss, Ellis, J. M. Babcock, Willard, and Chamberlain. 

19. On the boundaries and name of the state: Messrs. Doty, Edger- 
ton, G. B. Hall, Goodell, and Dickinson. 

20. On the schedule for the organization of state government: Messrs. 
Beall, John Y. Smith, Turner, Seaver, and Harkin. 

21. On the eminent domain and property of the state: Messrs. A. 
Hyatt Smith, Janssen, Fuller, Parsons, and Goodsell. 

22. On the revision and adjustment of the articles of the constitution 
adopted by the convention: Messrs. Parks, Elmore, Steele, George Hy- 
er, and Hiram Brown. 

‘Hiram Barber moved that the committee on the organization and 
functions of the judiciary be increased by the appointment of four ad- 
ditional members, which was decided in the affirmative. And the ayes 
and noes having ‘been called for and ordered, those who voted in the 
affirmative were [affirmative 80, negative 13; for the vote see Appendix 
I, roll call 3]. 


Mr. H. Barber moved to increase the committee on the ju- 
diciary by adding four more thereto. 

Mr. Moses M. Strong could not vote for the proposition, and 
would content himself with calling the ayes and noes. 


1846] THE CONSTITUTION OF 1846 59 


Mr. Barber said the committee on the judiciary was the most 
important one in the convention, and he hoped it would be in- 
ereased. He thought that a larger committee would be more 
likely to produce for the consideration of the convention well 
adjusted articles than the present one would do. 

Mr. Wm. R. Smith should vote for the motion. There were 
precedents for increasing committees which were important 
in consequence of the business or duty which was required of 
[them]. The judiciary committee had probably more to do than 
any other committee in this convention. He held the doctrine 
and thought it right, that the larger the committee the greater 
the probability that the business before them would be better 
done, because it would bring more minds to bear upon it. 

The ayes and noes being ordered, they were taken, and there 
were ayes 80, noes 13.—Argus, Oct. 13, 1846. 


Mr. H. Barber thought the committee on the judiciary was 
the most important committee of the convention. He therefore 
moved that it be increased to nine. 

Moses M. Strong did not wish the committee increased. He 
wished to concentrate opinion. If the question looked to the dis- 
patch of business it would be another matter. But it was cal- 
culated to retard the progress of the committee. The reason 
of adopting the mode of committees was simply to bring before 
the convention the business in a tangible form. He called for 
the ayes and noes. 

Wm. R. Smith should vote aye. The duties were the most ar- 
duous and responsible of any other, except, perhaps, one or 
two. We have reduced it from seven to five. He had never 
heard of less than seven on such a committee—more frequently 
eight or even thirteen. The matter of a judiciary should be 
discussed fairly and fully in the committee before [being] 
brought before the convention. He could not perceive the force 
of the objection of his colleague.—Ezpress, Oct. 12, 1846. 


A. Hyatt Smith moved to reconsider the vote upon the above ques- 
tion, which was decided in the affirmative. And a division having been 
called for, there were 46 in the affirmative and 16 in the negative. And 
the question having been again put on increasing the said committee, 
it was decided in the affirmative. And the ayes and noes having been 


60 WISCONSIN HISTORICAL COLLECTIONS [Oct. 8 


called for and ordered, those who voted in the affirmative were [affirm- 
ative 48, negative 42; for the vote see Appendix I, roll call 4]. 


The vote [roll call 3] having been announced, Mr. Ryan asked 
for the reading of the names of the committee on the judiciary 
as announced, which were read by the Secretary. Mr. Ryan 
said he thought he had heard his name announced as one of the 
committee, though he was engaged at the time. He rose to ask 
to be excused from serving on that committee, and he would 
give his reasons for the request. The resolution under which 
this committee had been appointed was first introduced by the 
gentleman from Iowa, Mr. Wm. R. Smith, and provided for a 
committee of seven; it was referred to a select committee of 
thirteen and by them reduced [to] five. No effort was made to 
increase the committee when the report was made, but on the 
contrary the number was agreed upon by the convention. This 
morning we met, and the President declared from his seat that 
he wanted time to arrange and appoint his committees; yet 
nothing is said about increasing this committee. Again, at the 
meeting this afternoon no motion is made until the committee 
is announced. But no sooner is that announcement made than 
this motion is offered to the convention and is adopted. To 
his mind it was nothing less than a reflection on the members 
of the committee as not likely to carry out the views of the 
majority of the convention, or as being incompetent to perform 
their duty. Under this view of the subject, and he could give 
it no other, he could not consent, after what he must consider 
and what appeared on the journal as a direct reflection, if not 
censure, on the committee as at present organized, to serve 
thereon. 

Mr. Judd could not agree with the gentleman from Racine 
(Mr. Ryan) that the vote just taken was either a reflection or 
censure on the committee. Certainly, he for one had no such 
idea. He had voted for the motion for two reasons: First, the 
motion came from a member of the committee; and second, he 
was in favor of increasing this and some other of the commit- 
tees, believing that the larger the committee the more proba- 
bility there would be of a well-digested and acceptable report. 
He hoped the gentleman from Racine would review the sub- 


1846] THE CONSTITUTION OF 1846 61 


ject, change his opinion in regard to the vote of the convention, 
and consent to serve on the committee. 

Mr. Barber was not of opinion that the vote just taken would 
be construed as the gentleman considered. He had no such 
intent when he made the motion. He hoped he should still have 
the aid and assistance of the gentleman from Racine on the 
committee. 

Mr. Ryan had listened to the explanations of the gentlemen, 
but whatever might be their private opinion, it was not so ex- 
pressed. He was not aware that the motion had been made by 
a member of the committee, and that fact did not alter his opin- 
ion of the subject or induce him to serve on the committee; but, 
on the contrary, it furnished him with an additional reason 
why he could not serve. It showed to him that a member of 
the committee was dissatisfied with his associates and wished 
others added that the majority may be swamped. But he was 
told that it was no reflection on the committee either as to the 
manner in which they were constituted or to their competency. 
If the committee was competent for their duty, why add to 
their number? No answer could be given but that which ap- 
pears upon the journal, and gentlemen might as well say so 
(they did in fact, when they argued that others were needed on 
it)—that the committee were incompetent to perform their du- 
ties. This was the plain language of the journal, and under 
it he must insist on his request. 

Mr. Moses M. Strong agreed with the gentleman from Ra- 
cine in opinion, and for those reasons he had opposed the mo- 
tion at the first. He hoped some gentleman who had voted with 
the majority would move a reconsideration of the vote. 

Geo. B. Smith could not look upon the matter in the same 
light as the gentleman from Racine did, and after the explan- 
ations that had been given he hoped he would continue to serve. 

Mr. Marshall M. Strong: It was well known to every man 
who was in the habit of attending political and other bodies 
that when a committee which had been appointed did not reflect 
the will of the meeting an addition was made to the committee 
that the majority might be overwhelmed and a different re- 
port might be obtamed. This fact and principle being known, 


62 WISCONSIN HISTORICAL COLLECTIONS [Oct. 8 


he could not blame his colleague (Mr. Ryan) for refusing to 
serve. In reply to those gentlemen who urged for a larger, 
committee he would say, that so far as his experience had gone, 
small committees were more likely to make reports in a short 
time than large ones. If there were fewer minds on the commit- 
tee there were fewer men to conciliate and less probability of 
counter reports. Every member on a committee may make a 
report, and if so, there will be nine reports from this commit- 
tee. He considered the reason given by his colleague, that it 
was an imputation on the competency of the committee, un- 
answerable. 

Mr. A. Hyatt Smith did not at the time of taking the vote 
think that they were casting any imputation on the committee, 
but on reflection he saw that it did; but whether it did or not, 
he should now vote differently, because one of the members of 
the committee so considered it. He concluded by moving to 
reconsider the vote. And it was reconsidered. 

Mr. Judd again called for the ayes and noes, which were or- 
dered, and being again taken, they were as follows: [ayes 48, 
noes 42].—Argus, Oct. 13, 1846. 


Mr. Ryan stated the fact that the number of this committee 
had been before the convention in the original resolution— 
that the select committee had reduced the number from seven 
to five—and that the standing committee had been announced 
by the President. Now nothing had been said during all this 
time against the number of the committee, but as soon as such 
committee was announced a motion was made to increase the 
number, and it had been sustained. He knew not how it might 
be construed, but he looked upon it as a direct censure upon the 
committee and upon the Chair. 

Mr. Judd did not so understand it. He thought the motion 
was right. It was made by one of the committee. No one un- 
derstood, he was sure, the motion as a censure. 

Mr. H. Barber said it was not his purpose to censure the 
committee. It was to enhance the opinions before them that the 
best possible results might be arrived at in committee. He had 


1846] THE CONSTITUTION OF 1846 63 


no such intentions as the gentleman had been pleased to con- 
strue his motion. 

Mr. Ryan still persisted. He wished to say a word in reply 
to the last gentleman. He did not know what gentlemen’s in- 
tentions were; and that did not alter the case. The gentleman 
said it was not a censure on the committee; but it might be so 
regarded. It was in the thing itself that made it objectionable 
—the act was what it would be judged by. It would appear on 
the journal with no proviso. The gentleman had declared it 
was not moved on the ground of incompetency in the commit- 
tee; but he asked the convention—if they were competent to dis- 
charge their duty—why the necessity of increasing the number? 
The motion on its face carried the incompetency of the com- 
mittee. The gentleman might differ from him, but the fact was 
the convention voted that five was a sufficient number, and when 
the Chair announced such committee, they voted not only that 
the number was not enough, but that those who were appointed 
were incompetent to fill the station assigned them. 

Mr. Moses M. Strong said he thought the gentleman was cor- 
rect. He hoped the request of the gentleman would be granted. 

Mr. A. H. Smith was satisfied that it might be construed into 
a censure. He would therefore move a reconsideration. Car- _ 
ried.—E xpress, Oct. 12, 1846. 


Mr. Ryan asked to be excused from serving on said committee, which 
was agreed to. 

The President then announced the appointment of the following ad- 
ditional members upon said committee, to wit: Messrs. Baird, Moses 
M. Strong, Agry, George B. Smith, and Tweedy. 

Moses M. Strong asked to be excused from serving on said commit- 
tee, and no objection being made he was so excused, and the President 
appointed J. Allen Barber in his stead. 


Mr. Parkinson had looked on the first vote in the same light 
as did the gentleman who asked to be excused; and the last he 
must consider an insult to that committee; and if he had been 
named on it he would under no circumstances consent to act 
thereon. Why was not this motion to increase the committee 
made before today, or if today, before the committee was an- 
nounced? If the incompetency of the committee depended on 
the numbers, it was as well known yesterday or this morning as 


64 WISCONSIN HISTORICAL COLLECTIONS [Oct. 8 


after the President had declared them; but no, they wait until 
the names of the members are declared, and then this motion is 
made. The incompetency is then with the members themselves. 
Under such a view, and no other can be given to the vote, no 
honorable man could consent to serve on that committee. He 
should vote to excuse Mr. Ryan from the committee. 

Mr. Judd should vote to excuse Mr. Ryan, though not on the 
grounds he had asked it, but because he had asked for it. He 
did not believe in compelling men to render an unwilling serv- 
ice. 

Mr. Ryan was unanimously excused. 

The President then named Messrs. Moses M. Strong, Baird, 
Agry, G. B. Smith, and Tweedy. 

Mr. Moses M. Strong asked to be excused and stated that 
he could not consent to serve on that committee after the vote 
which had just been taken: The first vote taken cast an impu- 
tation on the committee and caused one of its members to ask 
to be excused from serving. He had been excused, and the con- 
vention could not make use of him to carry out a censure of 
this kind. I have to say that I cannot and will not serve on 
this committee. 

Mr. Strong was excused. 

Mr. Baird was named on the committee, but he was not go- 
ing to say that he would not serve. He had voted for the prop- 
osition to add to the committee because it would benefit the 
convention to have an increase made to that particular com- 
mittee. In giving that vote he had no idea of wounding the 
feelings of any man, and he was sorry if it was so. He was 
equally sorry to see the feeling that had been exhibited by gen- 
tlemen on this subject, and for one he must say he could not 
see the cause of it. At the time of the vote he did not know the 
names of the members of the committee, and had voted only 
with a desire to increase the committee, thinking it would in 
the end facilitate the business of the convention. He hoped 
these personal feelings would not again be exhibited in this con- 
vention, but that business would now be allowed to proceed in 
order and without further molestation. 


1846] THE CONSTITUTION OF 1846 65 


Mr. Ryan: The gentlemen, he supposed, alluded to him, be- 
cause he had desired to set him right in relation to the votes 
of the convention. It made no difference in his mind what 
might be the opinion of individual members of the convention— 
that opinion was not and could not be spread on the journal, 
and he had been governed by what was spread on that journal. 
But he rose to reply to the gentleman from Brown. God had 
made some men with feelings and some without. Those he had 
made with them were apt to show them on proper occasions. 
Again, he would tell that gentleman that if he would take care 
of his feelings, he (Mr. Ryan) would take care of his. 

If, said Mr. Ryan, I have shown feeling, it was feeling of the 
heart, not feeling manufactured for the occasion; and I appeal 
to this house if the gentleman did not show as much temper as I 
did ; if he was not himself guilty of the same thing he condemned 
inme. No, but hé says I am to look at the motives of the con- 
vention. How am I to know that motive, but by what they say? 
Can the gentleman spread these motives on the journal? If so, 
I cannot. He tells me of what he has said out of doors; that 
he has talked this matter over there. What care I for that? 
Why did he wait? Why did he not make the motion to increase 
the committee before this time? He cannot plead that he did 
not think of it for he says he did. I appeal, if the construction 
I place on the journal is not the only true one that can be given 
to it? That journal will show on its face that the convention 
condemned the formation of the committee and voted that it 
was incompetent for its duties. Gentlemen admit this in their 
arguments, but say that it does not apply or allude to the in- 
dividuals composing the committee. No sir, that vote will show 
that the majority of the committee were to be swamped by the 
additional members. I shall conclude as I began, by saying 
that if there has been temper displayed by anyone here, I have 
not been guilty, but it came from the gentleman from Brown, 
and was got up for effect. 

The President then named Mr. Steele, who asked to be ex- 
cused on account of his being on two other committees. He was 
excused and the President appointed J. A. Barber.—Argus, 
Oct. 13, 1846. 


5 


66 WISCONSIN HISTORICAL COLLECTIONS [Oct. 8 


Mr. Moses M. Strong could not consent to serve upon that 
committee after what had transpired. The gentleman of Ra- 
cine thought the motion and the first vote were a reflection on 
him. The last vote was a direct insult. He could not and would 
not serve. He therefore asked to be excused. Granted. 

Messrs. Marshall M. Strong and Steele were also excused. 

The Chair then added Messrs. Agry, G. B. Smith, and 
Tweedy. 

Mr. Baird had been named on that committee and he was 
willing to serve. He was sorry for what had been done. He was 
sorry that the gentleman of Racine so construed the vote of 
the house. He saw no reason for the gentleman’s insisting up- 
on his withdrawal, particularly after the explanations that had 
been given. He voted as he did because it was proper to in- 
crease the committee. It might well have been carried to thir- 
teen. He had no interest to gain by exciting the feelings of any 
gentleman. He disclaimed all intentions of such a course now 
and henceforward. He hoped gentlemen would discard such 
feuds. The votes that had been given had no intent of ineivility. 
Viewing it in this light, he hoped for the future that gentlemen 
would refrain from indications of feeling. Hie did not know 
who constituted the committee. He wished that it would ex- 
ceed the number; it had so been expressed before the commit- 
tee was announced and was understood before the convention 
assembled that a motion to that effect would be made. He 
thought the matter should be discussed in committee and there 
matured, and when brought into convention it would not occupy 
so great a length of time. His object was to expedite the bus- 
iness of the convention. 

On motion the convention adjourned.—E xpress, Oct. 12, 1846. 


Mr. Ryan wished leave to explain. The gentleman from 
Brown said he rose to set him right. He (gentleman from 
Brown) rose to set him wrong. He could keep his own feelings 
if the gentleman could take care of his. Some men were born 
with feelings, others with none. If he had feelings he should 
show them without asking leave of the gentleman from Brown. 
He did not display any temper but was naturally excited, not 


1846] THE CONSTITUTION OF 1846 67 


temper that was got up for the occasion as the gentleman from 
Brown had. He should be guided by his own feelings in 
this matter; he was not aware that he had displayed any tem- 
per. He did not care what were the out-door cogitations 
of gentlemen. It was to be judged by the past in this case. 
It was not known, until the Chair announced, who should 
constitute that committee. It was found out after the com- 
mittee was filled that it was necessary to increase the num- 
ber, not before. It showed that it did not occur to the minds of 
any until the committee was reported that a greater number 
than five was necessary to mature the subject before them. It 
showed they thought the committee incompetent. They had 
half admitted it. It showed upon the face that the convention 
thought it expedient and proper to change the character of the 
committee by increasing it. The record would show this. It 
showed, and it would show nothing else, that they intended to 
swamp the committee. He was sorry so much feeling was mani- 
fested. He had merely explained the reasons that actuated him 
in his course—Democrat, Oct. 10, 1846. 


George B. Smith introduced the following resolution, which was read, 
to wit: “‘Resolved, That in adding four members to the judicial com- 
mittee, it was not intended by the convention to cast any imputation 
against the five already appointed by the President.’’ 


On motion of Mr. Dennis the convention adjourned. 


68 WISCONSIN HISTORICAL COLLECTIONS [ Oct. 9 


Fripay, Octosrr, 9, 1846 


Prayer by the Rev. Mr. Miner. 

The journal of yesterday was read, when Moses M. Strong moved to 
amend the journal by striking out the words ‘‘as amended’”’ in the 
second line of the third page, in relation to the adoption of the res- 
olution relative to printing, which was decided in the negative. 


Moses M. Strong moved an amendment as follows: Strike 
out the words ‘‘as amended”’ in the resolution as amended to 
elect a printer in the journal of yesterday. He said they did 
not vote on the amendment as amended. The vote, therefore, 
on the election of printer was a nullity. 

The Chair explained. The original motion was before the 
house, when an amendment was offered by the gentleman from 
Waukesha. The question was put on the adoption of the sub- 
stitute, which was carried in the affirmative. The question then 
recurred on the adoption of the resolution as amended, which 
was carried. He thought this sufficient. If there was a tech- 
nical flaw in the proceedings it had been overlooked by common 
consent and therefore concurred in by the convention. 

Moses M. Strong thought the President should leave the chair 
if he wished to discuss the question. 

The President did not wish to discuss the point. 

Mr. Chase rose yesterday when they were prepared to vote 
on the question and made an inquiry as to the stage of the pro- 
ceedings, and the explanation was satisfactory to him, and to 
all. They had proceeded and elected a printer; it was satisfac- 
tory to all except those who had failed to secure the success of 
a particular candidate. 

Mr. Steele said the proposition was to make the journal read 
as the action of the house did not take place. He thought the 
way to alter action was at the time the matter was under con- 
sideration, not afterwards by amending the journal. 

Mr. Baker thought there was a misapprehension of facts. 
The gentleman of Waukesha offered a substitute for his amend- 


1846] THE CONSTITUTION OF 1846 69 


ment. The substitute was carried. The question did not occur 
on the resolution offered by him as amended. 

The motion of Mr. Strong was put and lost. 

Mr. Kellogg wished to know if there were any bonds required 
of the printer. The Chair said there was no provision for a 
bond. Mr. Kellogg thought that if the printer was to execute 
the printing of the journal as well as the incidental printing 
bonds should be given. The Chair was of opinion that the reso- 
lution only carried the incidental printing.—Democrat, Oct. 10, 
1846. 


Mr. Moses M. Strong called for the reading of that part of 
the journal which related to the election of printer, and it was 
read by the Secretary as follows: ‘‘The question then recurred 
on the adoption of the resolution as amended, and having been 
put, it was decided in the affirmative.’’ 

Mr. Strong moved to strike out the words ‘‘as amended’’ and 
contended that the journal did not contain the facts as they 
transpired. Mr. Gray introduced a resolution to let the print- 
ing to the lowest bidder. Mr. Baker yesterday offered an 
amendment to that resolution, providing that Benjamin Holt 
should do the printing. Mr. Elmore proposed a substitute for 
the amendment, providing for a vote for printer. The latter 
had been adopted by the convention as preferable to the amend- 
ment proposed by Mr. Baker; but they had not said that they 
preferred the amendment as amended to the original resolution. 
They had never voted whether they would let the printing to 
the lowest bidder. 

The President: I may have omitted to put one question, 
which the gentleman spoke of at the time, and supposed it tak- 
en for granted that the question was conceded by the conven- 
tion. 

After a few remarks from Messrs. Steele, Chase, Strong, 
Baker, and the President, the motion to amend was lost.—Ar- 
gus, Oct. 13, 1846. ) 


Moses M. Strong objected to the portion of the journal of 
yesterday relating to the election of a printer, inasmuch as he 


70 WISCONSIN HISTORICAL COLLECTIONS [ Oct. 9 


was under the impression that no such election was had, but 
the vote of yesterday was upon an amendment offered by Mr. 
Elmore to the resolution of Mr. Gray, so that this convention 
had not yet appointed a printer, and he would have the journal 
so corrected. 

Mr. Chase thought the matter finally disposed of by the vote 
of yesterday and objected to any further waste of time in dis- 
cussing the subject. 

Messrs. Judd and Baker were opposed to the alteration. 

Mr. Steele took the floor against the measure of Mr. Strong 
and, having in his remarks made some insinuation against the 
motives of the gentleman, was called to order by the President. 

The motion was put and lost.—E xpress, Oct. 12, 1846. 


Asa Kinne presented the certificate of election of Horace Chase, as 
a member of this convention from Milwaukee County, who upon his 
motion was admitted to a seat. 

Mr. Elmore moved that William Holcombe be admitted to a seat as 
a member of this convention from the county of St. Croix, which was 
agreed to. 


Mr. Elmore moved that Mr. Holeombe of St. Croix be al- 
lowed a seat in the convention. Mr. Holcombe was not in St. 
Croix at the time of his election, nor had he been there since to 
receive his credentials. As there was no doubt of his election, 
however, he hoped he would be permitted to take his seat at 
once. 

Mr. Dennis thought this a novel mode of proceeding, to allow 
aman a seat in the convention in the absence of any proof of his 
election.—Express, Oct. 12, 1846. 


Mr. Ryan, from the committee on banks and banking, reported No. 1, 
‘‘Article relative to banks and banking.’’ 


‘‘The majority of the committee on banks and banking beg leave to 
report to the convention for its adoption the following article: 

“1. There shall be no bank of issue within this state. 

““2. The legislature shall have no power to create, authorize, or in- 
corporate, in any manner or form, any bank or other institution or 
corporation having any banking power or privilege whatever. 

‘*3. The legislature shall have no power to confer, in any manner or 
form, upon any person or persons, corporation, or institution whatever, 
any banking power or privilege whatever. 

“4. No person or persons, corporation or institution whatever 
shall, under any pretense or authority whatever, in any manner or 


1846] THE CONSTITUTION OF 1846 iL 


form whatever, make, sign, or issue within this state any paper money, 
or any bank note, promissory note, bill, order, check, certificate of de- 
posit, or other evidence of debt whatever, intended to circulate as mon- 
ey; and any person or persons, or any officer or other agent of any cor- 
poration or institution so doing shall, upon conviction thereof, be fined 
in a sum not less than $10,000 and imprisonment in the penitentiary 
not less than five years. 

«5. No person or persons shall utter, pass, or pay, or give, or receive 
in payment, any paper money or any bank note, promissory note, bill, 
order, check, certificate of deposit, or other evidence of debt whatever, 
intended to circulate as money, which shall purport to have been issued 
in this state, before or after the adoption of this constitution, by any 
person or persons, corporation, or institution whatever; and any per- 
son or persons so doing, shall, upon conviction thereof, be fined in a sum 
not less than $500, or imprisoned not less than three months, or both. 

**6. No corporation within this state shall receive deposits of money, 
make discounts, or buy or sell bills of exchange, and any officer or other 
agent of any corporation so doing shall, upon conviction thereof, be 
fined in a sum not less than $5,000 and imprisoned not less than two 
years. 

‘*7_ Tt shall be the duty of the legislature, from time to time, as may 
be necessary, to pass all act and acts requisite to enforce any provision 
of this article. 

‘* All of which is respectfully submitted. 

E. G. Ryan, Chairman.”’ 


Which was read the first and second times. 

The report of the committee was accepted and the committee dis- 
charged from the further consideration of the subject. Moses M. Strong 
moved that said report be referred to the committee of the whole and 
150 copies thereof be printed. And the question having been put, it was 
decided in the affirmative. 

Moses M. Strong moved that 2,000 additional copies of said report 
be printed for distribution, which was decided in the negative. And the 
ayes and nays having been called for and ordered, those who voted in 
the affirmative were [affirmative 42, negative 55; for the vote see Ap- 
pendix I, roll call 5]. 


Mr. Ryan, as chairman of the committee on banks, made the 
following report * * *, which he observed met the approba- 
tion of all the members of the committee except one, Mr. Gib- 
son, who dissented therefrom. 

Mr. Gibson said he objected to the manner as he did to every 
letter of the matter of this report. He heard it said since he 
had been here that the Whigs would not have the privilege of 
voting in this body; he began to think such was meant to be 
the case. He thought that Whigs placed upon committees 


12 WISCONSIN HISTORICAL COLLECTIONS [ Oct. 9 


would certainly be allowed to meet with that committee and 
take their share in the deliberations and preparation of the re- 
port. In this case he knew nothing of the meeting or action of 
the committee until called aside a few moments previous to the 
opening of the convention this morning, taken into a private 
room, and this report submitted for his approval. He took ex- 
ception to this manner of preparing a report and also to every 
line, word, and letter contained in it. He should prepare and 
submit a minority report. 

Mr. Ryan said he was unacquainted with the members of the 
committee. As its chairman he had prepared a report and sub- 
mitted it to the committee singly. All had approved it save 
Mr. Gibson. 

The report was accepted, and on motion was referred to a 
committee of the whole, and 150 copies ordered to be printed. 

There was an ineffectual motion to print 2,000 copies of all 
the reports of the committees for distribution, which led to a 
warm debate between the ‘‘old’’ and ‘‘young’’ Democracy. 

Mr. Judd objected to printing such a large number on ac- 
count of the expense. 

Moses M. Strong would have a large number of this report 
printed for circulation among the people, that they might see 
how their delegates to this convention voted upon this most im- 
portant question. It was most proper they should know, inas- 
much as there was a difference of opinion among the Demo- 
crats upon this question. There was a bank party as well as 
an antibank party among the Democrats here. He believed the 
Progressives were bank men, and he wished to show his con- 
stituents that he was an antibank man. 

Mr. Gray was opposed to printing so large a number of 
the report; thought it a bad precedent to spend $175 for print- 
ing the report of each committee. 

Mr. Kellogg thought this extravagance commenced yester- 
day, furnishing the members with newspapers, and as these 
papers would doubtless contain the reports of the committees, 
thought these quite sufficient for all purposes. 

The question was put and decided in the negative—ayes 42, 
noes 50.—E xpress, Oct. 12, 1846. 


1846] THE CONSTITUTION OF 1846 73 


Mr. Gibson said he dissented from the report of the commit- 
tee. He did this for two reasons: First, the committee had 
not had a meeting, though he had seen the report in the hands 
of the chairman and had been told that a majority of the com- 
mittee were agreed to it. He had supposed that the committee 
would have a meeting and discuss the matter referred to it, and 
not that the chairman would draw out a report and call the 
members into a room singly, and reading it, get their consent 
or dissent, and then report it as coming from the committee; 
second, he disagreed with the report in every letter, word, and 
sentiment. And he intended as soon as might be to make a 
minority report, if he could have leave to do so. 

The President: You can have leave. 

Mr. Ryan: It is true that I drew up this report last night, 
and at an early hour this morning I endeavored to procure a 
meeting of the committee and could find but a majority, who 
agreed with me. I subsequently found the gentleman from 
Fond du Lac and showed it to him, and he did not intimate 
that he desired to make a counter report or that he wanted 
time. 

Mr. Moses M. Strong moved to print 150 copies for the use 
of the convention and 2,000 copies for distribution. 

Mr. Judd called for a division of the question and asked for 
the ayes and noes on the motion to print 2,000 copies for dis- 
tribution. 

One hundred and fifty copies were ordered printed, and 
Mr. Strong, in support of his motion, said it was plain to 
any man that there was a bank party and an antibank party in 
the convention. I do not know to which party the gentleman 
from Fond du Lac belongs. But unless I am mistaken, a large 
body of that class calling themselves the ‘‘young ’? Democracy 
will be found acting with the Whigs in favor of banks, and not 
with the ‘‘Old Hunkers’’ against them. 

Mr. Gray deemed the printing of the proposed number an 
unnecessary extravagance. 

Mr. Chase opposed the motion to print, not so much from the 
sentiments of the report, with which he agreed, as from its un- 
necessary length. They were going to distribute this report 


74 WISCONSIN HISTORICAL COLLECTIONS [ Oct. 9 


through the papers, which he deemed sufficient. He cared not 
where the gentleman from Iowa placed him, whether among the 
young or the old Democracy, the ‘‘ Progressives’’ or the ‘*Re- 
trogressives’’—one thing was certain, they would find him op- 
posing banks at every step. 

The motion to print 2,000 extra copies was lost, ayes 42, 
noes 55.—Argus, Oct. 13, 1846. 


Mr. Gibson dissented from the report for two reasons: First, 
he supposed it was customary for the committee to meet to- 
gether and compare views and discuss the several propositions 
there. But instead of this he had been called upon this morn- 
ing, a few moments before the convention assembled, called out 
into one corner of the hall, and this report presented for his 
acceptance. He did not like such a manner of proceeding; and 
he objected to the matter as well as the manner. He objected 
to every word and letter of the report. 

Mr. Ryan drew the report last night that the convention 
might have something to do today. He had shown it to the com- 
mittee this morning, one by one, as he had found them, and it 
received their acquiescence. He read it to the gentleman last 
up—he dissented from it, but made no objection to reporting 
this morning. If the gentleman objected to every letter, he ob- 
jected to the whole alphabet. 

Moses M. Strong moved to refer to the committee of the 
whole, and that 2,000 copies be printed. 

Mr. Judd suggested the second reading by its title. 

M[oses] M. Strong said that it was the most important re- 
port that had been made, and he wanted it to go before the 
people. There was a bank party and an antibank party in the 
Democratic ranks; and in that portion styled the ‘‘ Young De- 
mocracy’’ in contradistinction to the ‘‘Old Hunkers’’ the bank 
men were to be found. He was an out and out ‘‘hard’’, and if 
they were afraid of the effect of this report, he wanted the 
people to know it. 

Mr. Judd thought, if this was the most able report yet made, 
when others, still more able should be made—for instance, the 
report of the gentleman from Jowa—they would have to vote 
a still greater number. 


_—- 


1846] THE CONSTITUTION OF 1846 5) 


Mr. Kellogg was opposed to every species of banks, as his 
constituents were. He did not care to what part of the Dem- 
ocracy he was attached. But he was opposed to this extra 
printing —Democrat, Oct. 10, 1846. 


Moses M. Strong, from the committee on suffrage and elective fran- 
chise, reported No. 2, an article relative to suffrage and elective fran- 
chise. 


**A majority of the committee on suffrage and elective franchise re- 
spectfully report and recommend the adoption as one of the articles of 
the constitution of the state of Wisconsin the following article on suf- 
frage and elective franchise: 

**“Section 1. Every white male person of the age of twenty-one years, 
or upwards, who shall either be a citizen of the United States, or who 
shall have declared his intention to become such in conformity with the 
laws of Congress now in force regulating the subject of naturalization, 
and shall have taken and filed in the office of the clerk of the district 
eourt of the county in which he resides an oath to support the Constitu- 
tion of the United States and of this state, and who shall have resided in 
the state six months next preceding any election, shall be entitled to 
vote at such election for every officer, which by this constitution or by 
law shall be elective by the electors; and every white male person of 
the age aforesaid who may be a resident of this state at the time of the 
adoption of this constitution by the people and who shall either be a 
eitizen of the United States or shall have declared his intention to be- 
come such as aforesaid shall be entitled to vote as aforesaid; but no 
such person shall be entitled to vote except in the district, county, or 
township in which he shall have actually resided for ten days next pre- 
eeding such election: Provided, That whenever Congress shall dispense 
with a declaration of intention as a requisite to citizenship, the same 
shall be dispensed with in this state as a qualification of electors. 

“Section 2. All votes shall be given viva voce, except for such town- 
ship officers as may by law be directed or allowed to be otherwise cho- 
sen; and in all elections to be made by the legislature the members 
thereof shall vote viva voce; and their votes shall be entered on the 
journal. 

*““Section 3. Electors shall in all cases except treason, felony, or 
breach of peace be privileged from arrest during their attendance 
at elections and in going to and returning from the same. 

**Section 4. No elector shall be obliged to do militia duty on the day 
of election except in time of war, actual invasion, insurrection, or pub- 
lic danger ; nor shall any elector on the days of election be obliged to 
attend any court, either as a suitor, witness, or juror. 

“*Section 5. No person shall be deemed to have lost his residence in 
this state by reason of his absence on business of the United States or 
of this state. 

*“Section 6. No soldier, seaman, or mariner in the army or navy of 
the United States shall be deemed a resident of this state in consequence 
of being stationed in any military or naval place within the same. 


76 WISCONSIN HISTORICAL COLLECTIONS [ Oct. 9 


“‘Section 7. No member of Congress nor any person holding. any 
office of profit or trust under the United States (the office of postmaster 
excepted), or under any other state of the Union, or under any foreign 
power, shall hold or exercise any office of trust or profit under this 
state. 

“*Section 8. No senator or representative in the legislature of the 
state shall, during the time for which he was elected, nor during one 
year after the expiration thereof, be appointed or elected to any civil 
office under the authority of this state, which shall have been created 
or the emoluments whereof shall have been increased during the time 
for which he was elected. 

“‘Section 9. It shall not be lawful for any voter directly or indirectly 
to make any bet or wager on any election at which he shall vote, and 
it shall be the duty of the legislature to prescribe as a part of the oath 
to be taken by any voter that he has not directly or indirectly made any 
bet or wager on the election at which he offers his vote. 

‘*All of which is respectfully submitted. 

Moses M. Strone, Chairman 
Francis HuEBSCHMANN 
HopPEeWELL Coxe 

JoHN H. Mananan’’ 


Which was read the first and second times. The report of the com- 
mittee was accepted and the committee discharged from the further 
consideration of the subject. 

Mr. Baker moved that 150 copies of said report be printed and that 
said report be referred to the committee of the whole, which was de- 
cided in the affirmative. 


Mr. Moses M. Strong, from the committee on suffrage and 
elective franchise, reported an article on that subject. 

Mr. Manahan said he had agreed to make this report, but 
should at an early day take occasion to report, or to amend some 
report, in relation to negroes and negro suffrage. 

Mr. Burchard gave notice of intent to make a minority re- 
port.—Argus, Oct. 13, 1846. 


A. Hyatt Smith, from the committee on the eminent domain and’ 
property of the state, reported No. 3, an article on the eminent domain 
and property of the state. 


‘The committee on eminent domain and property of the state have 
had under consideration the subject referred to them, and have the 
honor to report and recommend the adoption of the following article 
on eminent domain and property of the state: 

“‘1. The legislature of this state shall never interfere with the pri- 
mary disposal of the soil of the United States, nor with any regulation 
Congress may find necessary for securing the title in such soil to the 


1846] THE CONSTITUTION OF 1846 77 


bona fide purchasers thereof. No tax shall be levied on lands the prop- 
erty of the United States; and in no ease shall the lands of nonresident 
proprietors be taxed higher than residents. 

“9. The state shall have concurrent jurisdiction on the river Miss- 
issippi and on every other river and lake bordering on the said state, 
so far as the said river or lake shall form a common boundary to the 
said state and any other state or states now or hereafter to be formed 
and bounded by the same; and the said river Mississippi and the nay- 
igable waters leading into the Mississippi and St. Lawrence and the 
carrying places between the same shall be common highways and for- 
ever free, as well to the inhabitants of this state as to the citizens of 
the United States, without any tax, impost, or duty therefor: Provided, 
That no law shall be passed to take away or abridge the rights of ripar- 
ian owners thereto, unless in the same law provision is made for full, 
compensation to such riparian owners. 

“*3. All lands and other property which have accrued to the terri- 
tory of Wisconsin by grant, gift, purchase, forfeiture, escheat, or oth- 
erwise shall vest in the state of Wisconsin. 

A. Hyatt Suirx, Chairman.’’ 


The report of the committee was accepted and the committee dis- 
charged from the further consideration of the subject. The report was 
read the first and second times, when Mr. Gray moved that said report 
be referred to the committee of the whole and that 150 copies thereof 
be printed, which was decided in the affirmative. 

Mr. Crawford then moved that 1,000 additional copies of the report 
on banks and banking and of the report on suffrage and elective fran- 
chise be printed for distribution, which was decided in the negative. 
And a division having been called for, there were 24 in the affirmative, 
negative not counted. 


Mr. Crawford moved that 1,000 copies each of the reports of 
Messrs. Ryan and Strong be printed. 

Marshall M. Strong thought it was making a distinction in 
reports. Besides they would be reported in the newspapers, 
and that was the most convenient method of distributing them 


among the people. The motion was lost.—Democrat, Oct. 10, 
1846. 


Moses M. Strong gave notice that he would on tomorrow or some fu- 
ture day move the adoption of an additional rule for the government 
of this convention. 


Moses M. Strong offered the following as an amendment to 
the rules: 

Rule—Every proposition which it is proposed shall form a 
part of the constitution shall, after it shall have been consid- 


78 WISCONSIN HISTORICAL COLLECTIONS [ Oct. 9 


ered in committee of the whole, and after the amendments re- 
ported by the committee of the whole shall have been acted on, 
’ be open for amendment in the convention; and when there are 
no further amendments to be proposed the question shall be 
on ordering the proposition to be engrossed for its final pas- 
sage; and after the same shall have been engrossed, the same 
shall not be amended except by the unanimous consent of the 
convention. 

Which, under the rules, lies on the table until tomorrow. 

Mr. Judd moved for an adjournment until Monday next, 
which was unsuccessful. 

John Y. Smith asked permission for the use of the hall for 
a temperance lecture to begin therein this evening by Mr. Fair- 
child. 

Moses M. Strong opposed it as there were other rooms in the 
building to answer Mr. Fairchild’s purpose and the members 
wished to use this chamber themselves.—Express, Oct. 12, 1846. 


Moses M. Strong introduced the following preamble and resolution, 
which was read and laid over until tomorrow under the rule, to wit: 
‘“WHEREAS on the ninth day of October, as appears from the journal, 
a resolution introduced by Mr. Gray of Grant County on the sixth in- 
stant relative to printing was taken up when Mr. Baker of Walworth 
moved to amend the said resolution, providing that Benjamin Holt 
should be employed to do the incidental printing of this convention ; and 
WHEREAS Mr. Elmore of Waukesha offered a substitute for said amend- 
ment, providing that a printer to the convention be elected forth- 
with viva voce; and WHEREAS the said substitute for the said amend- 
ment was adopted as a substitute for said amendment; and WHEREAS 
said amendment to said original resolution as amended by the adoption 
of said substitute was never adopted by the convention; and WHEREAS, 
therefore, the convention have never had an opportunity of expressing 
an opinion whether they preferred the amendment as so amended or 
the original resolution; and wHEREAS, therefore, the convention have 
never determined that a printer should be elected, therefore, 

““Resolved, That a printer to the convention be elected forthwith viva 
voce, and the mode of conducting the election shall be by calling the 
names of the members from the list of ayes and noes, and every mem- 
ber shall answer the name of the person for whom he votes, and a state- 
ment of the vote and all its details shall be recorded at length on the 
journal.’’ 

Mr. Judd introduced the following resolution, which was read, to wit: 
“‘Resolved, That when the convention adjourn, it will adjourn until 
Monday morning next.’’ 


1846] THE CONSTITUTION OF 1846 79 


George Hyer introduced the following resolution, which was read, 
to wit: ‘‘Resolved, That 150 copies of all reports of committees and 
of all petitions and resolutions ordered to be printed [be printed] for 
the use of the convention without further order.’’ 

The following resolution, introduced on yesterday, was then taken 
up, to wit: ‘‘Resolved, That in adding four members to the judiciary 
committee it was not intended by this convention to cast any imputation 
against the five already appointed by the President.’’ Mr. Judd 
moved that the said resolution be laid on the table, which was decided 
in the affirmative. 

Mr. Warren Chase moved that the resolution calling upon the clerks 
of the different courts in the territory for certain information be now 
taken up, which was decided in the negative. And a division having 
been called for there were 19 in the affirmative, negative not counted. 


Mr. Chase called up the resolution calling on the clerks of 
the different courts for certain information. 

The resolution was read, and Moses M. Strong moved that 
it be laid on the table indefinitely (which means under the 
table) inasmuch as it was impossible to obtain the information 
sought for from the clerks of the courts. He knew it could not 
be done in Iowa County and he believed it to be as imprac- 
ticable in other counties. 

The resolution was laid on the table-—E xpress, Oct. 12, 1846. 


Mr. Chase moved to call up the resolution relative to calling 
upon the courts for reports of their business. It was a motion 
of much importance, and he hoped it would be called up. 

Moses M. Strong hoped it would be allowed to sleep on the 
table. It was impracticable—it could not be arrived at in less 
than three weeks, and it would only be an excuse for the com- 
mittee to delay their report. It would in the end only amount 
to an imperfect detail of what every man knows in general 
terms. 

The motion was rejected——Democrat, Oct. 10, 1846. 


Mr. Prentiss moved that leave of absence be granted to Mr. Rogan 
for one week. Leave was granted. 

Mr. Judd moved that the convention adjourn until Monday morning 
next. 

Mr. Ryan moved that the convention do now adjourn, which was de- 
cided in the affirmative. And a division having been called for there 
were 41 in the affirmative and 33 in the negative. 

So the convention adjourned until tomorrow morning, ten o’clock. 


80 WISCONSIN HISTORICAL COLLECTIONS  [0ct. 10 


SATURDAY, OcToBER 10, 1846 


Prayer by the Rev. Mr. McHugh. 

The journal of yesterday was read. 

Wm. R. Smith, from the committee on militia, reported No. 4, ‘‘ Ar- 
ticle relative to the militia.’’ 


“Section 1. The militia of this state shall consist of all free, able- 
bodied male persons, negroes and mulattoes excepted, resident in the 
said state, between the ages of eighteen and forty-five years; except 
such persons as now are or hereafter may be exempted by the laws of 
the United States or of this state; and they shall be armed, equipped, 
organized, and disciplined in such manner and at such times as may be 
directed by law. Those who conscientiously scruple to bear arms shall 
not be compelled to do so, but shall pay an equivalent for personal 
service. 

“‘Section 2. The militia of this state shall be divided into convenient 
divisions, brigades, regiments, battalions, and companies, with officers 
of corresponding titles and rank to command them, conforming as 
nearly as practicable to the general regulations of the army of the 
United States. 

‘Section 3. Captains and subalterns in the militia, field officers of 
regiments, brigade inspectors, brigadier generals, and major generals 
shall be elected or appointed in such manner as shall hereafter be pro- 
vided by law. 

“Section 4. The governor shall appoint the adjutant general and 
other members of his staff. Major generals, brigadier generals, and 
commanders of regiments and separate battalions shall respectively ap- 
point their own staff. All staff officers may continue in office during 
good behavior, and shall be subject to be removed by the superior offi- 
cer from whom they respectively receive their appointment. 

“‘Section 5. All military officers shall be commissioned by the gov- 
ernor. ; 

‘‘Section 6. The militia as divided into divisions, brigades, regi- 
ments, battalions, and companies, pursuant to the laws now in foree, 
shall remain so organized until the same shall be altered, or regulated 
by the legislature. 

W. R. Suirx, Chairman.’’ 


The report of the committee was accepted and the committee dis- 
charged from the further consideration of the subject. The said ar- 
ticle was then read the first and second times, referred to the committee 
of the whole, and on motion of William R. Smith 150 copies thereof 
ordered to be printed. 

Mr. Meeker, from the committee on internal improvements, reported 
No. 5, ‘‘ Article relative to internal improvements. ”’ 


1846] THE CONSTITUTION OF 1846 81 


‘““The committee to whom was referred the subject of internal im- 
provements beg leave to make the following report: 

“‘TInternal improvements shall forever be encouraged by the govern- 
ment of this state. But the legislature shall in no case create or in- 
cur a state debt for that object, without at the same time providing 
means for the payment of the interest thereof, and the final liquida- 


tion of the same. 
M. Meeker, Chairman 
N. F. Hyer 
J. F. Witson 
Wy. C. GREEN’’ 


The report of the committee was accepted and the committee dis- 
charged from the further consideration of the subject. The said ar- 
ticle was then read the first and second times, referred to the com- 
mittee of the whole, and on motion of Mr. Phelps 150 copies thereof or- 
dered to be printed. 

Mr. Crawford introduced the following resolution, which was read, 
to wit: ‘‘Resolved, That all laws for the collection of debts shall for- 
ever be prohibited within this state.’’ 

Mr. Doty introduced the following resolution, which was read, to 
wit: “‘Resolved, That the committee on the organization and forma- 
tion [functions] of the judiciary be instructed to inquire into the ex- 
pediency of providing in this constitution that the legislature at its 
first session after the adoption of the constitution shall provide by law 
for the appointment of three commissioners, whose duty it shall be to 
revise, reform, simplify, and abridge the statutes and the rules of prac- 
tice, pleadings, forms, and proceedings of the courts of record of this 
state, and to report thereon to the legislature, subject to their adop- 
tion and modification.’’ 

The preamble and resolution introduced yesterday, relative to the 
election of printer, was then taken up, when Moses M. Strong asked 
and obtained leave to withdraw the same. 


Moses M. Strong moved that his resolution in reference to 
the election of a printer by viva voce be taken up and consid- 
ered. 

On motion, the resolution was read. 

John Y. Smith said it was with feelings of some delicacy he 
rose to say a few words upon this subject. Many gentlemen 
might infer that this proposition to reconsider the vote upon 
printer was liable to the construction that it was made at the 
instance of the proprietors of the Argus, in consequence of 
their defeat. He was fully convinced of the informality of the 
proceedings and was aware that many gentlemen would agree 
with him in this view. Yet he and all the proprietors of the 


6 


82 WISCONSIN HISTORICAL COLLECTIONS  { oct. 10 


Argus were fully satisfied with the result of the election and 
had no wish to ‘‘try another scratch’”’ for the printing of the 
convention. The object of the friends of this resolution was 
to place the proceedings of this body in a proper shape—it had 
no reference to the Argus. 'The resolution did not arise with 
the proprietors; they had no wish that the subject should be 
renewed. The election had been gone into and decided—it was 
not to be denied that the convention had elected a printer— 
they had done what they had previously resolved to do, and he 
was satisfied, as were all the proprietors of the Argus. They 
had received a majority of all the Democratic votes in the con- 
vention, which fully satisfied them in regard to the result. He 
thought it no more than proper to state, however—what every- ° 
body already knows—that this result was not brought about 
by the Democrats in this body, but by an amalgamation of the 
influence of Whigs, bank Democrats, conservatives, and no- 
party men. A few of the true and tried Democrats had voted 
against them he knew; yet he thought they would be sorry they 
had pursued such a course when they more fully understood 
the circumstances of the case. Among his opponents he was 
not surprised to find men who had gloried in their attachment 
to John Tyler—men who had defrauded this territory out of 
$30,000 and had judgments on their backs for the amount. He 
hoped the motion would not prevail. 

Moses M. Strong said it was due to truth to say that the 
resolution originated with himself alone, without consultation 
upon the subject with any person whatever, and he wished the 
whole responsibility to rest upon his shoulders and not upon 
those of anybody else; his shoulders were broad, and were al- 
ready tolerably burdened with responsibility; yet they were 
still capable of sustaining this and much more. He thought 
the circumstances attending the election called for this move- 
ment, and thought so still, but would withdraw the resolution 
out of respect to those Democrats who had voted against him 
on the question of printer. 

Leave was granted, and the resolution withdrawn.—Ezpress, 
Oct. 12, 1846. 


1846] THE CONSTITUTION OF 1846 83 


The resolution introduced yesterday relative to adjournment was 
then taken up, when Mr. Judd asked and obtained leave to withdraw 
the same. 

The following rule, introduced by Moses M. Strong, was then taken 
up and adopted, to wit: ‘‘Rule —. Every proposition which it is 
proposed shall form a part of the constitution shall, [after it shall] have 
been considered in committee of the whole, and after the amendments 
reported by the committee of the whole shall have been acted on, be 
open to amendment in the convention, and when there are no further 
amendments to be proposed the question shall be on ordering the prop- 
osition to be engrossed for its final passage, and after the same shall 
have been engrossed the same shall not be amended except by the 
unanimous consent of the convention.’ 


Moses M. Strong moved the amendment to the rules offered 
by him yesterday be now taken up. Mr. Strong went into an 
explanation of the object of this amendment. It was that all 
resolutions should, after being amended and finally passed, be 
engrossed in a fair hand, for the final action of the committee 
on revision. 

Mr. Ryan was of opinion that the lines had not been, nor 
could be, so distinctly drawn between the duties of the dif- 
ferent committees that their reports would not in many cases 
cover the same grounds; propositions would come in from other 
committees covering the grounds already reported upon. And 
he considered it would be the proper duty of this committee on 
revision to sift out, examine, and prepare a perfect synopsis 
of all the business of the convention. 

Moses M. Strong said propositions would be introduced and 
referred to a committee of the whole before the final action 
upon them in convention. It was the object of this rule to 
have these propositions with all the amendments thereon in- 
serted in their proper places, and then engrossed in a plain 
hand for the revision of the committee, instead of the plan 
now pursued of tacking the several amendments to the original 
proposition with a bit of wafer, which was liable to become de- 
tached and the amendments lost or mislaid. He considered 
this a loose way of keeping a record of the doings of the con- 
vention and would like to see it done away with. 

Mr. Ryan called for another reading of the resolution. 


84 WISCONSIN HISTORICAL COLLECTIONS _ [ Oct. 10 


Mr. Judd said he agreed with the member from Iowa that 
the amendment was right and proper; the subject matter con- 
tained in the amendment had not escaped the attention of the 
committee to whom was entrusted the duty of drafting the 
rules; and he thought the sixteenth rule adopted by the con- 
vention covered the ground of this amendment. 

The question on the adoption of the amendment was put and 
earried.—E xpress, Oct. 12, 1846. 


The following resolution, introduced yesterday, was then taken up 
and adopted, to wit: ‘‘Resolved, That 150 copies of all reports of 
committees and of all petitions and resolutions ordered to be printed 
be printed for the use of the convention without further orders.”’ 

On motion of Mr. Ellis the convention adjourned. 


Mr. Moses M. Strong moved that the convention resolve it- 
self into a committee of the whole on the article on banking, and 
Mr. Wm. R. Smith hoped the motion of the gentleman would 
not prevail. He was opposed to the provisions of the article, 
which made banking criminal and enacted a penalty. To en- 
act a penal code was the legitimate business of a legislature and 
not of a convention. To remove these objectionable features 
he would move to refer the article to a select committee with 
instructions to strike out the penalties. 

Mr. Chase: The motion to refer is out of order, as it is al- 
ready referred to the committee of the whole. 

But he should oppose going into committee at this time be- 
cause he wanted the report of the minority of the committee, 
which had been promised, and which he supposed would be 
ready by Monday next. 

Mr. Ryan was in favor of delaying till the minority can make 
a report: While up, I will take occasion to say a few words 
in support of the report itself, seeing that it has been attacked 
by the gentleman from Iowa (W. R. Smith) because there are 
penalties attached to its violation. This, I am told, is an un- 
heard of thing in framing constitutions. Let that gentleman 
look into any of the constitutions of the states, or of the United 
States, and he will find precedents for these provisions. I have 
examined nearly all of them, and I find similar provisions. I 
will read them if the gentleman desires to hear them. Then 


1846] THE CONSTITUTION OF 1846 85 


there is precedent; but if there were none, could not this con- 
vention step out of the usual track and attach a penalty to a 
breach of the constitution? Constitutions are made to restrict 
and restrain legislators, as well as to protect the citizen. 
Therefore, when you would limit the legislature, you place the 
provision in the constitution; when you would prohibit the pas- 
sage of laws, you place the prohibition in the constitution ; and 
when you would restrict, it is placed in the constitution. T 
hope this convention has a decided majority of ‘‘hards’’—of 
men who are opposed to all banks, banking, and bank paper. 
But who can tell when there will be a “‘soft?’ legislature? Let 
a “‘soft’’ legislature come into power, and the penalties will at 
once be put down so that it will be for the interest of any cor- 
poration to pay the fine for the sake of the money they can 
make. The law will be as ‘‘soft’’ as it is now, when any com- 
pany may be ready and willing to pay $1,000 a year for the 
privilege. Leave the question open, and the halls of legisla- 
tion will be beset with ‘‘softs”’ asking for privileges, bitterly 
complaining that high penalties cannot be paid, as the busi- 
ness of banking is not as good ‘‘as it used to was.’’ Give us 
low penalties, and we will pay them. I would place these re- 
straints, limits, and penalties where the ‘‘softs’’ cannot reach 
or reduce them. I fear the ‘‘softs.’’ They cannot be killed. 
The hundred heads of the hydra might be lopped off, but the 
“‘softs’’ have no heads. They spring up on every hand; they 
Sway and govern the legislatures. Look at the new states— 
democratic, ‘‘hard,’’ as are the body of the people; see how the 
“‘softs’’ have carried all their measures and involved the peo- 
ple. Let it not be so in Wisconsin. Place the penalty where 
the “‘softs’’ cannot reach it. Before I will consent to have the 
penalty reduced, I will vote to increase it. I belong to that 
party which would give to banking no quarter. 

Mr. Moses M. Strong would postpone the matter until Mon- 
day, which would, he thought, give ample time to the gentle- 
man from Fond du Lae, Mr. Gibson, to make his report. His 
colleague has made a remark against this article which he 
could not consent to let pass unnoticed. He, Mr. Wm. R. 
Smith, opposes the article because it contains a penal enact- 


86 WISCONSIN HISTORICAL COLLECTIONS _ [ Oct. 10 


ment. The propriety of those penalties has been abundantly 
proved by the gentleman from Racine. Why should the article 
be sent to a select committee to make a report? Is the gentle- 
man who is here as the representative of a most decidedly 
‘‘hard’’ constituency who give no countenance to banks or bank 
paper desirous of distinguishing himself by making a “‘soft’’ 
report? If the convention wish to strike out the provisions they _ 
can as well be done in committee of the whole as in a select 
committee. Mr. Strong concluded by withdrawing his motion 
to go into committee, and the convention adjourned.—Argus, 
- Oct. 13, 1846. 


Moses M. Strong moved that the convention go into commit- 
tee of the whole on the report of the committee on banks and 
banking. 

W. R. Smith was in favor of the report being submitted to a 
select committee before going into committee of the whole upon 
it. He was of opinion that the report was objectionable in re- 
gard to affixing penalties, as that power should be more prop- 
erly vested in the legislature. 

Mr. Chase said the report had already been referred to the 
committee of the whole, but he did not consider the proper 
time had arrived for such action on the report. The minority 
members of the committee had given notice of intention to 
make a minority report, and it was due in courtesy to those 
gentlemen to wait until such report was submitted. 

Mr. Ryan assented to the remarks of the last gentleman, that 
it was proper to wait the minority report before going into 
committee of the whole, but would say a few words in regard 
to affixing penalties being beyond the limits of the duties of 
this convention and confined to the legislature. He knew the 
committee had not exceeded their power in this respect. The 
Constitution of the United States and of every state in the 
Union contained clauses of this character—Florida, Texas, and 
the constitution of every state which he had yet seen embraced 
penalties; authority and example can be found in every con- 
stitution. It was his wish that the constitution of Wisconsin 
should be an independent one, made by ourselves and for our- 


1846] THE CONSTITUTION OF 1846 87 


selves, only taking the lights and experience of the older states 
for our guide. It was not until the gentleman from Iowa men- 
tioned the subject of penalties that he thought of looking into 
the constitutions of other states for authority, but he had since 
glanced over them and found such authority in every one of 
them. He wished this constitution in a great measure to be 
the law, without reference to the legislature; he hoped and be- 
lieved this convention is a ‘‘hard’’ one, and they should not 
limit the power of the convention in such a manner as to enable 
any future ‘‘soft’’ legislature to put down penalties without 
violating the constitution. He intimated the probability of fu- 
ture ‘‘soft’’ legislatures being influenced by interested lobby 
monopolists and bank men who will haunt this place session 
after session to reduce the penalty to a mere nominal sum, but, 
as he was one of the ‘“‘hards,’’ would be willing to raise it to 
$100,000 instead of $10,000. 

Mr. Ryan was violently opposed to any banks and profuse in 
his favorite phrases of ‘‘hards,’’ “‘softs,’’? and ‘‘lobby beg- 
gars’’; and after reiterating his fears of the corruption of all 
future legislatures, and his willingness to affix the penalty for 
“‘making, signing, or issuing within this state any paper money, 
bank note, promissory note, bill, order, check, certificate of de- 
posit, or any other evidence of debt whatever, intended to cir- 
culate as money,’’ $100,000 or imprisonment for twenty years, 
sat down, evidently much pleased with himself. 

Moses M. Strong withdrew his motion to go into committee 
of the whole, but gave notice that he should renew it on Mon- 
day, which he said was allowing the minority sufficient time to 
prepare their report, as five minutes had been found long 
enough to prepare the majority report. He disagreed with his 
colleague in regard to submitting this report to a select com- 
mittee. The committee of the whole were as competent to de- 
cide upon it as any select committee. He did not favor the 
idea of endeavoring to smother it in the secret chamber of a 
select committee. 

Moses M. Strong moved that the convention go into commit- 
tee of the whole on elections and suffrage, which he afterwards 
withdrew for the same reason as above. 


88 WISCONSIN HISTORICAL COLLECTIONS _ [ Oct. 10. 


Moses M. Strong moved that the convention go into com- 
mittee of the whole on the eminent domain and property of 
the state. 

Marshall M. Strong remarked that sufficient time had not 
been allowed to compare the report with the provisions made 
on the subjects by other states, and he therefore hoped the 
matter would be further postponed.—Express, Oct. 12, 1846. 


1846] THE CONSTITUTION OF 1846 89 


Monpay, OctosBer 12, 1846 


Prayer by the Rev. Mr. Miner. 

The journal of yesterday was read. 

Mr. Bevans presented the certificate of election of J. Allen Barber, 
a member from the county of Grant, who upon his motion was ad- 
mitted to his seat. 

Also the certificate of election of James Gilmore, a member from the 
county of Grant, who upon his motion was admitted to his seat. 

Mr. Burchard presented the certificate of election of Benjamin Hun- 
kins, a member from the county of Waukesha, also the certificate of 
election of Alexander W. Randall, a member from [the county of] 
Waukesha, who upon his motion were admitted to their seats. 

Mr. Whiteside presented the certificate of election of Franklin Z. 
Hicks, a member from the county of Grant, who upon his motion was 
admitted to his seat. 

Rufus Parks, a member from the county of Waukesha, presented 
his certificate of election, which was ordered to be filed. 

Mr. Graham presented the certificate of election of James Magone, 
a member from Milwaukee County, who upon his motion was admitted 
to his seat. 


Moses M. Strong: I wish to call the attention of the con- 
vention to a report of some of my remarks contained in the 
Democrat newspaper of the tenth instant. I am reported in 
that paper as having said while speaking of my constituents: 
““They were all interested in the proceedings of this conven- 
tion, and every man fit to have a paper took one.’’ Now, sir, 
I never said any such thing. If I had, it would have been 
tantamount to saying that every man who did not take a paper 
was not fit to have one. What I did say in substance was that 
all who felt interested in the proceedings of this convention 
would find some means of finding them out, and that every man 
who saw fit to have a paper took one. I should not have 
troubled the convention with this explanation, were it not that 
I have heretofore, while a member of the legislature, been mis- 
represented several times, without of course any intention of 
doing me injustice on the part of the reporters. While up, I 
wish to suggest that mistakes of the kind I have alluded to 
might be in a great degree avoided if the reporters would give 


ee 
‘ 
hs 


90 WISCONSIN HISTORICAL COLLECTIONS | [ oct. 12 


gentlemen an opportunity of examining their remarks after 
they are written out and before they are in type—Argus, Oct. 
20, 1846. 


Mr. Judd, from the committee on taxation, finance, and public debt, 
reported No. 6, ‘‘Article relative to taxation, finance, and the public 
debt.’’ 


““The committee on finance, taxation, and public debt respectfully 
report for the adoption of the convention the following propositions: 


TAXATION 


“1. All taxes to be levied in this state, at any time, shall be as near- 
ly equal as may be. 

‘*2. All public lands or other property situated and being within 
this state, belonging to the United States, shall be free from taxation. 

“*3. All lands or other property belonging to this state shall be for- 
ever free from taxation. 

‘*4, All school lands, university lands, and all other property be- 
longing to any school, university, college, or seminary of learning, situ- 
ated and being within this state shall be forever free from taxation. 

‘5. All houses erected for and dedicated to the public worship of 
God, and the lots which they necessarily oceupy for such purpose, and 
all public burying grounds, and all parsonage houses and the lands 
connected therewith, to the value of $2,500, shall be forever free from 
taxation. 


FINANCE 


“‘1. No money shall ever be paid out of the treasury of this state, 
except in pursuance of an appropriation by law. 

“*2. The credit of this state shall not, in any manner, be given or 
loaned in aid of any individual, association, or corporation. 

“*3. There shall be published under the direction of the treasurer in 
at least one newspaper printed at the seat of government in this state, 
during the first week in January in each and every year, a detailed 
statement of all the money drawn from the treasury during the pre- 
ceding year, for what purpose, and to whom paid. 

‘‘4, There shall not at any time be issued, in any form or manner, 
under the authority of this state, any state scrip, certificate, or evi- 
dence of state debt, except for such debts as are authorized by the sec- 
ond and third sections of article in this constitution. 


Pousiic DEBT 


“‘1. No public debt shall at any time be created in this state, except 
such as is authorized in the following sections of this article. 

‘““2. This state may, to meet accidental deficits and failures in rev- 
enue, or for expenses not provided for, contract debts; but such debts, 


1846] THE CONSTITUTION OF 1846 91 


singly or in the aggregate, shall not at any time exceed $50,000, unless 
in time of war, to repel invasion, or to suppress insurrection and re- 
bellion. 

“3. Except the debts specified in the second section of this article, no 
debt or liability shall be contracted by or on behalf of this state, un- 
less such debt shall be authorized by law for some single work or 
object to be distinctly specified therein. Nor shall such law take effect 
until it shall, at a general election, have been submitted to the quali- 
fied electors of this state for their approval or disapproval and shall 
have received in its favor a majority of all the votes cast at such elec- 
tion upon that subject. 

‘No such law shall be submitted to be voted upon within less than 
three months from its passage; nor when any other law or any amend- 
ment to the constitution shall be submitted to be voted for or against. 

‘* All which is respectfully submitted. 

STODDARD JUDD 
ANDREW BURNSIDE 
JOSHUA WHITE 
Patrick TOLAND 
CuHauNncEY KEwLoae”’ 


The report of the committee was accepted and the committee dis- 
charged from the further consideration of the subject. The said ar- 
ticle was then read the first and second times, referred to the committee 
of the whole, and ordered to be printed. 


Mr. Judd, as chairman of the committee on finance, taxation, 
and the public debt, would submit the report of that committee, 
and would premise the report by saying that the committee 
were of opinion that the subjects submitted for their consider- 
ation should have been named in the following order, viz., tax- 
ation, finance, and the public debt, and in that order would 
offer their report.—Express, Oct. 20, 1846. 


Mr. Gibson, from the committee on banks and banking, made a mi- 
nority report, No. 1, ‘‘ Article relative to banks and banking.’’ 


REPORT OF THE MINORITY OF THE COMMITTEE ON BANKS AND BANKING 


‘Mr. Gibson, one of the committee, dissents from the report of the 
majority of said committee and begs leave to offer the following rea- 
sons for dissenting therefrom: First. Because the said report was pre- 
pared by the chairman of said committee without consulting with the 
other members of the committee and without having called them to- 
gether or ascertained their opinions upon the subject committed to them. 
Second. Because the said report recommends the adoption of a pro- 
vision in the constitution forever prohibiting either the legislature or 


92 WISCONSIN HISTORICAL COLLECTIONS _ [ oct. 12 


the people of the state from establishing any bank or moneyed insti- 
tution. Third. Because the said report recommends the adoption of a 
provision in the constitution which is unusual and without a precedent, 
namely, the infliction of fines and imprisonment. 

“For the above and other reasons the undersigned dissents from the 
said report, and as a substitute therefor would submit the following 
article: 

‘“‘First. There shall not be established or incorporated within this 
state any bank or banking company or any moneyed institution for the 
purpose of issuing bills of credit or bills or notes payable to order or 
bearer, or certificates of deposit intended for circulation, unless char- 
tered by the legislature ; and no act of incorporation shall be passed, un- 
less approved of and passed by at least two-thirds of the members of 
each house of the legislature of this state. Nor shall any such bank go 
into operation or commence business until at least one-third of its eap- 
ital stock shall be paid in in gold or silver coin. 

‘“Second. All stockholders in any bank chartered in this state shall 
be personally liable for all debts and liabilities of the said corporation. 

M. S. Grsson.”’ 


The said article was then read the first and second times, referred to 
the committee of the whole, and ordered to be printed. 

Mr. Dennis introduced the following resolution, which was read, to 
wit: ‘‘ Resolved, That the treasurer of the territory be and he is hereby 
requested to report to this convention what amount of moneys has 
been received by him by virtue of a resolution in relation to canal funds, 
approved February third, 1846; what disposition he has made of the 
same: and how much there is in his hands subject to the order or con- 
trol of this convention.’’ 

Mr. Burnside introduced the following resolution, which was read, 
to wit: ‘‘Resolved, That the following provisions shall be added to 
and shall constitute a part of the twelfth rule for the government of 
this convention, viz., ‘But when the final vote shall be taken upon each 
distinctive provision in the constitution, it shall invariably be by the 
ayes and noes.’ ”’ 

Mr. Beall introduced the following resolution, which was read, to 
wit: ‘‘Resolved, That 150 copies of the census taken recently in this 
territory be printed for the use of the members of this convention.’’ 

Warren Chase introduced the following resolution, which was read, 
to wit: “‘Resolved, That taking life, either by hanging or otherwise, 
shall never be instituted as a mode of punishment for crime in this 
state.’’ 

Mr. Goddell introduced the following resolution, which was read, to 
wit: ‘‘Resolved That the clerk of the supreme court and the clerks of. 
the district courts in the counties of Dane, Milwaukee, and Racine, and 
the registers in chancery in said counties be and they are hereby re- 
quested to furnish for the information of this convention a statement 
showing: 

“‘First. The number of suits commenced in their respective courts 
during the year ending on the first day of October, 1846. 


1846] THE CONSTITUTION OF 1846 93 


‘Second. The number of trials had and suits disposed of. 

‘“‘Third. The amount of money collected during the same term, ex- 
elusive of cost[s]. 

‘‘Mourth. The amount of costs and fees charged in the business of 
their respective courts during the same time, by clerks, registers in 
chancery, sheriffs, and all other officers of their respective courts, wit- 
ness’ fees, jury fees, and the amount of attorneys’ fees, as near as they 
ean estimate the same.’’ 

Mr. Willard introduced the following resolution, which was read, to 
wit: ‘‘Resolved, That a select committee of five be appointed to in- 
quire into the expediency of establishing a court to be styled a court 
of reconciliation, and that the committee do report thereon.”’ 

Mr. Dennis introduced the following resolution, which was read, to 
wit: “‘Resolved, That a select committee, to consist of nine, be appoint- 
ed, to whom shall be referred all the expenses of this convention.’’ 

George Hyer introduced the following resolution, which was read, to 
wit: ‘‘Resolved, That in submitting the constitution to the people of 
the territory for their approval, the question—Shall the right of suf- 
frage be extended to negroes?—shall also be submitted as a distinct 
proposition, to be voted upon in like manner, and such vote shall deter- 
mine that provision of the constitution which makes color a distinction 
in the extension of the elective franchise.’’ 

Mr. Prentiss introduced the following resolution, which was read, to 
wit: ‘‘Resolved, That the committee on the constitution and organiza- 
tion of the legislature be directed to inquire into the expediency of ap- 
portioning the members of the legislature among the several counties 
in such manner that they shall be chosen by single districts.’’ 

Mr. Huebschmann introduced the following resolution, which was 
read, to wit: ‘‘Resolved, That a select committee of three be appointed 
to report to this convention an article supplementary to the constitu- 
tion, providing for the submission to a separate vote of the people, at 
the same time with the constitution, the question of giving the right of 
suffrage to the colored population.’’ 

Mr. Magone, by leave, introduced the following resolution, which was 
read, to wit: ‘‘Resolved, That the secretary be and he is hereby in- 
structed to furnish to the postmaster at Madison a list of the members 
of this convention, and that three members of this convention be ap- 
pointed a committee to ascertain and provide the ways and means to 
defray the necessary postage of members.’’ 

The resolution introduced on the tenth instant relative to the collec- 
tion of debts was then taken up, when Mr. Crawford moved its refer- 
ence to a select committee of five, which was agreed to. 

The President announced the appointment of the following commit- 
tee to whom said resolution was referred, to wit: Messrs. Crawford, 
French, Parkinson, Warren Chase, and Bowker. 


Mr. Crawford’s resolution came in order and was taken up. 
Mr. Crawford thought himself called upon to say something 
on this subject, was actuated by the best motives in offering it, 


94 WISCONSIN HISTORICAL COLLECTIONS _ [ oct. 12 


and hoped the convention would bear with him until he ex- 
plained its object. Mr. Crawford went on to say: 

In presenting this resolution I was not actuated by any mo- 
tive but the public good. In taking into view the enormous ex- 
pense unnecessarily made in the collection of debts is what 
actuated me to urge a resolution of this nature. What little 
experience I have had in business satisfies me that the resolu- 
tion is proper and just and should be adopted. Some gentle- 
men will say the time has not yet arrived for a resolution of 
this nature, but think it will arrive. To them I would say, we 
do not frame a constitution every day, nor every year: I will 
mention the state of New York, for instance, where I have done 
business most of my life. I will suppose—and it is mostly 
guesswork, not having any documents of this nature before me 
—that the expense in each town and ward per week for small, 
petty lawsuits before justices of the peace, unnecessary, will 
at least amount, on an average, to fifty dollars. Fifty-two 
weeks in a year swells the amount to $2,600 per annum. N ow, 
sir, there are over eight hundred towns and wards in the state 
of New York, and this calculation, if correct, will amount to 
$2,080,000. Supposing New York to be one-sixth of the United 
States—and I believe it is no more than that—and each state in- 
curs the same unnecessary expense, it will amount to $12,480,- 
000 per year. Nor, sir, is this more than a small share of the 
expense. In the small towns, where justices’ courts are held, 
there are always more or less jurors called upon from their 
business, and must attend, be the damage ever so great to them, 
for the small sum of six or twenty-five cents—as the case may 
be—and not get that either. And in addition to that this little 
excitement is the cause of leading many others to those places 
to satisfy their curiosity, when they would, otherwise, be about 
their legitimate business. This, sir, does not comprehend the 
courts of record; neither am I able to lay before you any esti- 
mate of the various higher courts. If I possessed the informa- 
tion I should be very happy to lay it before this honorable 
body. My views upon this subject are that it will, in a meas- 
ure, put a stop to the credit system, which I consider a very 
great curse to both debtor and creditor. But in the end it will 


1846] THE CONSTITUTION OF 1846 95 


have a glorious effect, for it will place men upon their honor 
and stop a practice that I have seen, of a certain set of men 
urging litigation for the sake of making a living out of it. We 
have plenty of land in this territory for justices, constables, 
jurors, witnesses, and pettifoggers to employ themselves upon, 
in cultivating it, with more advantage to themselves and the 
country at large, than by litigating. I am very certain, Mr. 
President, that were I able, or could I furnish this convention 
with an account of the unnecessary costs that have accrued in 
various ways in the collection of debts, that would far exceed 
the amount here presented. And, sir, I do believe it would go 
ahead, or very nearly come up to, the amount collected while 
those costs were accumulating. 

Sir, as I have before remarked, it will throw men upon their 
honor, and an honest man will have no trouble in getting all 
necessary accommodations. And I for one, sir, as a member 
of the convention, have no desire to hold out any great induce- 
ments for dishonest men to settle among us, for, sir, there will 
as many of them settle among us as we need without any such 
inducement. I am not one of those that wish to proscribe any 
set of men altogether; some may think this resolution will clog 
the adoption of the constitution by the people; I don’t think so. 
Our present laws, sir—although we are not sent here to make 
laws—we are sent here to make a foundation for laws, and, sir, 
if I am not digressing from the subject and out of order—if I 
am, I wish to be called to order—shall I go on and make one re- 
mark? (Go on, go on.) Our present laws are so defective, or 
liberal, that the defendant, if he does not defeat the plaintiff in 
the suit when trying to collect an honest debt, in nine times out 
of ten he will defeat him on execution. If that is true, then 
throw men upon their honor by passing this resolution. 

Mr. President, supposing the above amount of nearly twelve 
and a half millions of dollars, or an apportionment of it agree- 
able to the population fifty years ago, had been applied to the 
support of common schools, what would have been the result? 
Why, sir, the result would most likely have been that I should 
not have been here advocating the passage of this resolution 
without understanding the English language. Education I con- 


96 WISCONSIN HISTORICAL COLLECTIONS _ [ oct. 12 


sider to be the bulwark of republican institutions, and I believe 
there is not a member of this convention who will differ with me 
upon that subject. You will see, Mr. President, that what I 
have here figured down does not include anything but the small 
courts; the courts of record would likely double the amount. I 
have talked with gentlemen of high attainments upon this sub- 
ject, and they all say that my estimate is far too low. Speak- 
ing of our present laws, I have known men, sir, that at night 
had a sign up for peddling goods, and the next morning you 
would see another sign up, or the old one painted or lettered 
anew in some friend’s name—I should think in order to evade 
some creditor. And I would appeal to any gentleman upon this 
floor, if that very thing does not go to show that our collection 
laws are calculated to encourage dishonesty. And if gentlemen 
view this in the same light which I do, they will go in for the 
passage of this resolution. Mr. President, one reason I give for 
speaking of our present laws is that if this resolution does not 
pass we shall have a new code of laws made for the collection of 
debts, which, I have every reason in the world to believe, will be 
no better than the present one, most certainly if we send here 
a “‘progressive’’ Democratic legislature. And, sir, in taking 
this view of the subject of this resolution, if it does not pass I 
think I can look ahead and see a code of laws passed for the col- 
lection of debts that might very well be compared with a law of 
the United States that makes it trespass to squat or settle upon 
the public domain—a dead letter. Such useless laws we do not 
want our statute book lumbered up with. The collection laws 
we shall have if this resolution does not pass will destroy the 
natural confidence between man and man, and the debtor will 
say to the creditor (if he so construes the law) ‘‘You hold a rod 
or iron over me, and you may make the best use of it you can; 
I do not consider myself honorably bound to pay it.’? And it 
is very easy for a great many to make up their minds that a 
debt in this way, crowded with a back-load of costs, is not very 
honorable. Some gentlemen may think it is premature, or too 
soon to pass this resolution, but think it will do by and by; 
they think the people are not ready for it. If they are not, it 
is time they were looking into the subject. Others may say, 


1846] THE CONSTITUTION OF 1846 97 


again, that the resolution would more properly be a subject of 
legislation, and not incorporated in the constitution. Now, sir, 
if this subject was left to the legislature, and a ‘‘hard’’ legis- 
lature should pass a law to correspond with this resolution, at 
some future time, even the next year, we might have (it is 
hardly probable, however) a ‘‘soft’’ legislature. What would 
be their first act? Why to repeal that law; and our laws upon 
this important subject might be altered or knocked into a 
cocked hat every year. With these remarks, I have given all 
the information I possess, and my own views, as far as I am 
capable, and can only assure the convention that it has come 
from an honest heart upon that subject. In conclusion I 
would say, if we were able to form a constitution possessing 
one of the human senses—that of seeing, the power of under- 
standing, or the faculty of speaking—and after its adoption 
by the people it would say, ‘‘Come under my wings and I will 
protect you,’’ and say to the whole people, ‘‘There is a pa- 
triot and there is a demagogue,’’ some coons would lose their 
tails. 

Mr. Crawford closed by moving that the resolution be re- 
ferred to a select committee of five, which motion prevailed, 
and the following gentlemen were appointed by the Chair as 
said committee, viz., Messrs. Crawford, [Warren] Chase, Par- 
kinson, Bowker, and French.—Ezpress, Oct. 20, 1846. 


The resolution introduced on the tenth instant in relation to the 
practice in the courts of record of this state was then taken up, when, 
on motion of Mr. Beall, it was laid on the table. 


Mr. Doty’s resolution came next in order and was taken up 
and read. 

Mr. Beall said he wished to make a few remarks upon the 
subject of this resolution, but considered the time not yet ar- 
rived for the convention to act in regard to this matter, and 
therefore moved that it be laid on the table-—Ezpress, Oct. 20, 
1846. 


George B. Smith moved that the resolution introduced by him on a 
previous day of this session, in relation to adding four additional mem- 
bers to the judiciary committee, be now taken up, which was agreed to, 
when Mr. Smith, by leave, withdrew the said resolution. 


7 


98 WISCONSIN HISTORICAL COLLECTIONS _ [ oct. 12 


Marshall M. Strong moved that the convention resolve itself into 
committee of the whole for the consideration of No. 1, ‘‘ Article on 
banks and banking,’’ and also upon the minority report upon the same, 
which was agreed to, Mr. Baker in the chair. And after some time 
spent therein the committee rose and reported progress upon the said 
article and asked leave to sit again thereon. Leave was granted. 

On motion of Moses M. Strong the convention adjourned until two 
o’clock P. M. 


Mr. Strong of Racine moved to go into committee of the 
whole on the reports on banks and banking. 

Mr. W. R. Smith said it was with reluctance that he rose to 
detain the convention a single moment. He was in favor of 
going immediately into committee of the whole; but it was a 
matter of necessity for him to say a few words in reply to the 
remarks of certain gentlemen on Saturday. He took this occa- 
sion to place himself in a proper position, and to relieve him- 
self from a false position in which he had been placed and in 
which he could not consent to remain at the ipse dixit of any 
man. It would be remembered that the report was received and 
the committee discharged, and that a notice of a minority re- 
port was made. The report was referred to the committee of 
the whole and ordered to be printed. Until it was printed its 
erudities and imperfections were not discovered. He then, as 
he had an undoubted right to do, moved to refer it to a select 
committee. The committee had been discharged from the fur- 
ther consideration of the subject. There was no other commit- 
tee to refer it to. He did not now intend to renew the motion; 
he was ready to vote for the motion to go into committee of the 
whole. He considered that the remarks in reference to his mo- 
tion for a select committee ungracious and uncalled for; be- 
cause he had said he would go as far as any man—as far as his 
colleague, or the gentleman from Racine. He would go as far 
as the real Democracy were willing to go. He was asked why 
refer it to the secret conclave of a select committee. His col- 
league was better acquainted with these secret conclaves than 
he was. He had nothing to do with them. He wished to refer 
it to a select committee. Did the gentleman fear such commit- 
tee? If he felt so he did not envy him his position. But his 
colleague had asked, ‘‘Does my venerable colleague recollect 


1846] THE CONSTITUTION OF 1846 99 


the responsibilities he is under to the constituency who sent him 
here?’’ He would answer aye! He was able to bear that re- 
sponsibility. In recollecting his responsibilities as represent- 
ing a hard currency people he had other responsibilities to 
discharge. He did not come here to represent a single district. 
He would do injustice to his constituents not to represent his 
district, but a higher responsibility rested upon him of repre- 
senting the whole people of Wisconsin. Members forgot they 
are here to represent the whole territory—that they are not 
here for mere local legislation. He, in connection with his 
colleagues around him, were the representatives of the whole 
people. 

Perhaps the arrows and darts that had been thrown, like boys 
hurling stones among a crowd to see whom they would hit, 
might be thrown to see who would cry out, or that the question 
might be asked ‘‘Who is hurt?”’ Any such attacks as ‘‘hards”’ 
and “‘softs’’ failed in their effects on him. He was invulnerable. 
They could not affect him. There were some who wished to as- 
sume to be leaders. He would tell gentlemen he acted upon one 
principle—the gentlemen had read it at school—‘Nullius ad- 
dictus jurare in verbum magistri.’’? In plain English—I pin my 
faith to no man’s sleeve; I follow no party leader’s call. He 
had heard some things about ‘“‘young’’ and ‘‘old”’ Democracy. 
He had acted with the Democratic party before his colleague 
was born. He expected to hear more about tadpoles in this con- 
vention. There was nothing in a name, but for the source from 
which it came it was only necessary to refer to another quota- 
tion—‘*‘ Mutato nomine, de te fabula narratur’’—change the 
name and they may apply it to themselves. He thought it the 
very essence of Old Hunkerism. They were floundering in the 
mud at the bottom of the pool, and never rose up into the clear 
water. When the mass of the people was in motion some were of 
necessity in the front, some in the center, and some in the rear. 
Those who were in the front might assume, or suppose them- 
selves leaders, when the truth was the people were only driving 
their leaders before them. He had acted so many years on his 
own hook that he could not now be forced into the traces with 
his colleague behind him as a driver or before him as a guide. 


100 WISCONSIN HISTORICAL COLLECTIONS [ Oct. 12 


The gentleman need not waste his powder in squibs on him; he 
better reserve his ammunition for other occasions when he 
might need it. He wished to add a word in reply to the gentle- 
man from Racine. He said that in looking at the good-humored 
face of the gentleman from Racine he was disarmed. But he 
was about to remark that the gentleman in applying such terms 
as ‘‘softs’’ to him did not sufficiently know him or his political 
course and sentiments; and without such knowledge such ap- 
plication of terms might possibly proceed from something 
softer than its meaning in the history of Missouri polities. But 
in due time the gentleman would be called on to defend the po- 
sition he had taken, that in the Constitution of the United States 
and of the several states pains and penalties were made the 
subject of constitutional enactment. For his part he denied the 
position and was prepared to prove to the contrary. Mr. 
Smith closed by asking if the gentleman from Racine had not 
been a bank man a few years since, and was not the author of 
certain newspaper articles in favor of banks. 

Mr. Ryan said the last statement was absolutely and totally 
untrue. . 

Mr. Strong of Iowa should not be restrained by the appar- 
ent good humor of his colleague. He respected and venerated 
age, but he venerated principle more than age, however vener- 
able he that wears it. He thought he saw an attempt to smother 
his report. He charged it then; he charged itnow. The penal- 
ties of the bill were its beauties. He would not give a rush for 
it without the penalties. The first ‘‘soft’’ legislature would 
enact soft penalties, and every loophole which bankers would 
wish would be left open. If he had been ungracious, he still 
must be ungracious. The gentleman said he ‘‘came to represent 
the whole people.’? Then of course he represents Milwaukee ; 
and like some of her representatives in the legislature would 
ery ‘‘Do let alone our dear little Fire and Marine Insurance 
Company.’’ He (Mr. Strong) represented in one sense the 
whole people. But he represented them on Democratic prin- 
ciples and on ‘‘hard’’ principles. We determine by those who 
fluttered who were hit. If he had hit anyone, he hoped they 
would take it. He did not seek to be leader. Whether he was 


1846] THE CONSTITUTION OF 1846 101 


ahead or behind, he was in favor of incorporating penalties into 
the constitution and not leaving it with the legislature-—Dem- 
ocrat, Oct. 17, 1846. 


A word to the gentleman from Racine, and he (General 
Smith) had done. The gentleman had said much of ‘‘hards’’ 
and ‘‘softs.’’ These were terms he could not understand, nor 
had they any place in his vocabulary. He was going to say if 
those who opposed the report of the majority were ‘‘softs’’ 
(but he would not make the remark) that the report came from 
something ‘‘softer.’’ He has told us that he has precedents for 
the imposition of these penalties—crudities I call them. I shall 
eall on him to give them to the convention. 

Mr. Ryan: I will answer the gentleman by referring him to 
some twenty-nine constitutions found in the book of constitu- 
tions. I am told that the shots that flew about this convention 
have not struck the gentleman from Iowa (Mr. Smith). No, 
his broad shoulders are covered with an invulnerable armor, 
and no shots, however pointed or powerful, can reach him. 

Mr. Smith: I will ask the gentleman, for I have been so in- 
formed, if he is not the author of certain articles in favor of 
banking that made their appearance not long since in a news- 
paper? 

Mr. Ryan: It is untrue. 

His (Ryan’s) practice had been, when he found water run- 
ning, to believe that there was the spring, unless he could trace 
it farther. The gentleman from Iowa had made the statement, 
and he should leave him to trace it as far as he pleased. 

Mr. Moses M. Strong said he wished to make a very short 
speech for his constituents. This morning an issue had been 
made up between his venerable colleague, General Smith, and 
himself, and he wished his constituents who were to decide that 
issue distinctly to understand it. His colleague opposed the 
proposition contained in the original report; he supported it. 
His colleague supported his own amendment; he opposed it; 
and he now wished his constituents to understand the differ- 
ence between the proposition, that they might be able to decide 
between them. This was the difference: The original proposi- 


102 WISCONSIN HISTORICAL COLLECTIONS [| oct. 12 


tion prohibited the circulation of all bank notes issued within 
this state, and there are none except the bills of the Milwaukee 
Insurance Company; while the proposition of his colleague did 
not prohibit their circulation, it was silent on the subject. The 
original proposition prohibited all corporations, whether now 
in existence or hereafter to be created, including of course the 
Wisconsin Marine and Fire Insurance Company, at Milwaukee, 
which he supposed it was particularly aimed at, from doing 
banking business, such as receiving deposits of money, making 
discounts on loans, buying or selling bills of exchange, ete., ete. ; 
while the proposition of his colleague did not prohibit any cor- 
poration from doing that kind of banking business, it was en- 
tirely silent on the subject. The original proposition placed 
penalties in the constitution for the making, signing, or issuing 
any paper money or other thing intended to circulate as money, 
by any person, corporation, or institution; for circulating any 
paper money, or other thing intended to circulate as money is- 
sued in this state; upon any officer or agent of any corporation 
which should receive deposits of money, make discounts or 
loans, or buy or sell bills of exchange; while the proposition of 
his colleague did not provide any penalties whatever in the con- 
stitution, but proposed to leave the whole subject to the future 
legislature of the state. 

Now he supposed the effect would be just this: If the legis- 
lature should provide no penalties, individuals or corporations 
might do any kind of banking business or circulate any kind 
of paper money, and although for doing certain kinds of bank- 
ing business they would nominally violate the constitution yet 
they would incur no penalty for such violation; and if the pen- 
alties should be slight, a corporation doing an extensive bank- 
ing business could well afford to pay them as often as they were 
inflicted. But again, although a ‘“‘hard’’ legislature (which it 
is probable our first one will be) might impose severe penalties, 
yet in the fluctuations of party a ‘‘soft’’ one might come in 
power and soften down the penalties or abolish them altogether. 
He was in favor of having the constitution itself secure the peo- 
ple effectually against all the dangers and evils of banking and 
paper money in all its shapes and phases; his colleague on the 


1846] THE CONSTITUTION OF 1846 103 


other hand was willing to trust it to the uncertain and fluctua- 
ting action of future legislatures, whether ‘‘hard”’ or ‘‘soft.’’ 
This was the difference between us—this the issue—let our 
common constituents decide it— Argus, Oct. 20, 1846. 


On motion of Moses M. Strong the convention resolved it- 
self into a committee of the whole, Mr. Baker in the chair, on 
banks and banking. 

Mr. Harkin said it appeared to him passing strange that gen- 
tlemen of this convention who appear to be hostile to all bank- 
ing institutions are also for striking out the penalties. If the 
two or three first articles of this report are sufficient to put 
down banking, then the penalty will become a dead letter. It 
is well known there is an institution in this territory doing all 
the business of banking in defiance of all legislation. Now the 
question is, Will the penal part of this report put it down?—if 
it does, why not adopt it? This bank may be some like the fox, 
harmless close by its own door, but at some distance it is like 
the dog in the manger—will not give us a good currency itself 
and keeps other good currency out. 

Mr. Ryan wished to state one word to the committee before 
they proceeded to take under consideration the majority of his 
report. He wished it understood that the gentleman in the mi- 
nority of the committee had not expressed any unwillingness at 
the time that the report of the majority should be submitted, 
but merely remarked that he should submit a minority report 
more in accordance with his views upon the subject. In regard 
to his not having called the committee together to deliberate 
upon the report before its presentation he would say that he 
had done as the chairman of many other of the committees had 
done; he had drawn up a report and submitted it to the gentle- 
men of the committee as he could catch them. In regard to the 
report itself, he had heard considerable criticism upon it. He 
would remark that there might be errors in it, but he had pre- 
pared more difficult documents than this and was not thin- 
skinned in regard to the criticism which might be passed upon 
the report. Mr. Ryan was opposed to the delegation of any 
power whatever to the legislature to interfere with the subject of 


104 WISCONSIN HISTORICAL COLLECTIONS [ Oct. 12 


banking and went over his old ground of argument in favor of 
the penal clauses of his report as the only effectual mode of so 
restricting their power. The novelty of the thing was no reason 
why it should not be adopted; that we had a great precedent in 
such adoptions of novelties. The Constitution of the United 
States, the great fundamental principle upon which all subse- 
quent constitutions have been framed, was a novelty. There 
was no constitution existing for their guidance or precedent. 
England nor any other European power had a constitution ex- 
cept in the minds of their statesmen. He went on to show the 
effects of banking in Pennsylvania, by averring that the United 
States Bank controlled the executive, Congress, and the state— 
that its periodical expansion and contraction of circulation con- 
trolled the money market of the whole country, thereby creat- 
ing a panic whenever it suited their pecuniary interests to do 
so. He also reiterated the probability of future legislatures 
being influenced by lobby beggars. Mr. Ryan occupied the 
floor until the usual hour of adjourning to dinner, and upon 
his resigning it the committee rose and reported, leave being 
granted them to sit again. 

Moses M. Strong then moved that the convention adjourn to 
two o’clock, which motion prevailed.—Ezpress, Oct. 20, 1846. 


TWO O’CLOCK, P. M. 


On motion of Moses M. Strong, the convention again resolved itself 
into committee of the whole for the further consideration of No. 1, ‘‘ Ar- 
ticle relative to banks and banking ”’ and the minority report relative 
thereto, Mr. Baker in the chair. And after some time spent therein the 
committee rose and reported progress on the said article and asked 
leave to sit again thereon. Leave was granted. 


Moses M. Strong moved the convention go into committee on 
banks and banking, which motion prevailed, and Mr. Baker was 
again called to the chair. 

Mr. Kellogg offered an amendment, which he said had struck 
him as expedient; he withdrew his amendment to allow Mr. 
Ryan to offer the following, which had suggested itself to him 
since his report was submitted as amendment to the original 
report: 


1846] THE CONSTITUTION OF 1846 105 


*‘Amend by inserting between the sixth and seventh sections 
as follows, and alter number of the seventh section to 8: 

** *[Section] 7. No branch or agency of any bank or banking 
corporation or institution of the United States, or of any state 
or territory within the United States, or of any person or per- 

‘sons doing banking business without this state shall be estab- 

lished or maintained within this state, or shall issue any paper 
money, bank note, or other evidence of debt whatever, intended 
to circulate as money, or receive deposits of money, make dis- 
counts, or buy or sell exchange, or exercise any other banking 
power or privilege whatever, in any manner or form whatever, 
within this state; and any officer of any such branch or other 
agent of any such bank, corporation, or institution, person or 
persons, so doing shall upon conviction thereof be fined in a 
sum not less than $5,000 and imprisoned in the penitentiary not 
less than two years.’ ”’ 

Mr. Kellogg then offered the following amendment: 

**Section —. No person shall pass, or pay, or give, or re- 
ceive in payment any paper money or bank note of a less de- 
nomination than ten dollars: Add to the amendment the 
words: ‘And any person or persons so doing shall upon convic- 
tion thereof be fined in a sum not less than____dollars or im- 
prisonment not less than____months, or both.’ ”’ 

Mr. Wm. R. Smith then offered the following as a substitute 
for the whole report of the committee: 

**Section 1. There shall be no bank of issue within this state. 

“*Section 2. No bank of any state, or of the United States, 
or of any foreign country, shall establish any branch, office, or 
agency whatsoever within this state. 

**Section 3. The legislature shall not have power to create, 
incorporate, or authorize in any manner or form whatsoever, 
within this state, any bank, institution, association, company, 
or individual whatsoever, possessing any banking powers or 
privileges whatsoever. 

**Section 4. The legislature shall at its first session after the 
adoption of this constitution provide by law for the infliction 
of penalties on all individuals, corporations, associations, and 
companies whatsoever who shall in any manner or form make, 


106 WISCONSIN HISTORICAL COLLECTIONS {_ oct. 12 


sign, or issue within this state any bank note, promissory note, 
bill, order, check, certificate of deposit, or other evidence of 
debt whatsoever, intended to circulate as money.” 

Marshall M. Strong spoke some time in favor of the adoption 
of the report. 

Mr. Whiteside was also in favor of the adoption of the re- 
port and knew that his free, frank, and magnanimous constitu- 
ency would uphold him in the course he should take by voting, 
for it. He went on to show the operation of paper circulation 
in the mining district where he came from and its many evils 
were anathematized of course. 

Mr. Chase rose to make some remarks, though not to detain 
the convention with a speech. He alluded to some remarks 
made by Moses M. Strong that he thought applied to him. Mr. 
Strong explained that such application was not meant. In the 
course of his remarks Mr. Chase also made allusion to members 
making speeches for buncombe, which brought out Marshall 
M. Strong, who rose to inform the gentleman that the allusion 
to members making speeches for the people could not apply to 
him, as he had already requested the reporters not to report 
anything he should say. 

Mr. Hicks had heard no report, amendment, or substitute yet 
that suited him. He was in favor of the original report so far 
as it went, but it did not go far enough; it was not ‘‘hard’’ 
enough. He had drawn up an amendment to suit himself, 
which would make hard harder. His amendment was as fol- 
lows: 

“‘Strike out all after the first section and insert: 

‘* “Section —. The legislature shall have no power to confer 
in any manner or form, upon any person or persons, corpora- 
tion, or institution of any kind any banking power or privilege; 
nor any power or authority in any manner or form to make, 
sign, or issue within this state any paper money, bank note, 
bill, order, check, certificate of deposit, or any other evidence of 
debt intended to circulate as money. 

“* “Section —. No person or persons, corporation, or institu- 
tion, or any officer or agent of any corporation or institution 
of any kind shall ever make, sign, issue, pay, give, or re- 


1846] THE CONSTITUTION OF 1846 107 


ceive in payment any paper money, bank note, promissory note, 
treasury note, certificate of deposit, or other evidences of debt 
intended to circulate as money, which shall purport to have 
been issued either within or out of this state. Any person upon 
conviction shall for a violation of any of the provisions of this 
section be fined in a sum not less than $5,000 and be imprisoned 
not less than two nor more than ten years.’ ”’ 

Moses M. Strong would vote for the last amendment to the 
amendment and would then vote against the amendment as 
amended, because the original report suited him best. 

Mr. Ryan said he was not struggling for words nor whence 
words come. He took to himself no honor in framing this re- 
port; if it emanated from any other gentleman of the conven- 
tion, he would have supported it with the same heartiness. He 
would vote for any amendment which covered the same ground 
as the report. This amendment by the gentleman from Grant 
suited him better than the amendment of the member from 
Iowa, and he should therefore vote for the amendment to the 
amendment and then vote against the amendment as amended. 

Mr. Judd moved that the committee rise and report progress 
and ask leave to sit again, which was carried, and the committee 
rose.—Express, Oct. 20, 1846. 


Mr. Ryan moved that the amendments offered in committee of the 
whole to said article be printed for the use of the convention which was 
decided in the affirmative. 

Hiram Barber presented the certificate of election of Horace D. 
Patch, a member of this convention from the county of Dodge, who on 
his motion was admitted to a seat. 

On motion of George Hyer the convention adjourned. 


BANKS AND BANKING 
(Speech of Mr. Noggle, October 12, 1846) 


Mr. Cuarrman: I propose to make a few remarks upon the 
subject before the committee. And in doing so, permit me to 
say that I do not propose to make a speech for my own no- 
toriety or aggrandizement—nor do I intend to boast or brag 
about my constituents; they are a class of people possessing in- 
telligence and integrity sufficient to commend them to the hon- 


108 WISCONSIN HISTORICAL COLLECTIONS [_ oct. 12 


est deliberations of this body, without an effort on my part to 
puff them. 

The question before the committee has already been under 
discussion nearly three days, and has been ably discussed, and 
it would seem to be presumptuous on my part at this late period 
to attempt to throw any new light upon the subject before the 
committee; but, Mr. Chairman, it does seem to me that much 
of the discussion already had has been upon matters not in issue 
before the committee and in support of principles not denied by 
anyone upon this floor, save the gentleman from Fond du Lae 
(Mr. Gibson) who introduced the minority report. Ido not, Mr. 
Chairman, consider that we are properly to decide in voting 
upon this matter the question whether banks are good or bad— 
whether proper or improper—whether we shall have banks or 
not—for every member of this committee who has had the 
honor of occupying the floor since the commencement of the 
present discussion save the exception before mentioned has 
been loud and boisterous in declaring his hatred, indignation, 
and determined opposition to banks and banking in all its hid- 
eous shapes and forms; then can it be possible that we are dis- 
puting or contradicting whether we will have banks or not? 
From the course which the debate has taken thus far it would 
seem that we are warring against banks. Now, Mr. Chairman, 
it does appear to me that gentlemen who have addressed the 
committee have lost sight of the proper question, the real mat- 
ter in dispute. If I understand the matter correctly the real 
cause of dispute and which we are by our votes to settle and de- 
termine grew out of the two provisions contained in the major- 
ity and minority reports of the committee on the subject of 
banks and banking in connection with the substitute of the gen- 
tleman from Iowa (Mr. Smith) and the amendment to the sub- 
stitute offered by the gentleman from Grant, all of which, in my 
opinion, as the matter now stands before the committee, resolves 
the whole dispute into two questions: First, shall we exclude 
from circulation entirely, and at once, paper money? And sec- 
ond, shall the penalties contained in the report be enacted and 
retained as a portion of the constitution? 


1846] THE CONSTITUTION OF 1846 109 


As to the first, shall or shall we not exclude from circulation 
within the new state all paper money whatever? I answer for 
myself and for my constituents in the affirmative. The gentle- 
man from Walworth, my friend Mr. Baker, contends that it 
would be ruinous to the interests of the eastern portion of the 
territory—that the people of that portion could not transact 
business without the use and benefit they daily d[e]rive from 
foreign bank paper—that persons who sell their farms east 
would not be able to bring with them the gold and silver, but 
would be compelled to bring the paper of the neighboring 
banks. If this is true, Mr. Chairman, does it not then follow 
that we should at once discard it and distrust such currency? 
Are we not in imminent danger of being swindled—yes, ruined 
—by trafficking in such unsafe and uncertain currency? Sir, if 
the eastern emigrant cannot obtain the specie in the neighbor- 
hood of the bank, or at the bank counter, has he any right to 
presume that he will get the specie in the far west, a thousand 
miles perhaps from the banks? Most certainly not. Then is 
it safe, is it justice to ourselves or to our neighbors to hold out 
an inducement for the circulation of foreign paper money? 
Shall we in our magnanimity, in our great design to do the 
greatest good to the greatest number, say by our acts in this 
hall that banking shall be forever excluded from the good citi- 
zens of the future new state of Wisconsin, and at the same time 
declare to every other state that we open the door for them to 
roll their rags into our midst and thus enrich the foreign bank- 
ites upon the hard earnings of our own worthy citizens, and 
at the same time have a provision blazing forth in our con- 
stitution and upon our statute books prohibiting under a 
severe penalty banking in all its various shapes and forms 
within the new state? The gentleman from Walworth (Mr. Ba- 
ker) undertakes to say that the business of the country cannot 
be done if we exclude paper entirely—that it will be out of the 
question to make the necessary exchanges. Supposing that the 
whole business of the country was done with silver alone and 
every dollar received for merchandise should be sent to New 
York and Boston to pay for the goods, how much would it cost 
for freight and insurance to send all the silver to the above 


110 WISCONSIN HISTORICAL COLLECTIONS [ Oct. 12 


named cities? I will undertake to say to gentlemen who find 
silver so very abundant and go very cumbersome that every 
dollar can be taken from Milwaukee to New York or Boston 
for less than $1.55 on the $100 as often as they are prepared 
to send. But I am supposing a state of things that cannot 
exist. I have made no allowance for our exports, which I will 
undertake to say are nearly as great, if not greater, than our 
imports. After deducting from our imports the lumber, the 
lead, the copper, and the produce exported from this territory 
at the present time (saying nothing about the wool, hides, and 
furs) I would ask what would be the probable balance against 
us? Sir, it would be in our favor. Where then the necessity 
of being so much alarmed about our exchanges? Gentlemen 
seem to think that money is not a portable article. Do gentle- 
men forget that all the gold and silver received by the officers 
of the government for nearly the whole northwestern portion 
of the United States is deposited at St. Louis monthly; and 
can it be possible that gold and silver can be taken from Green 
Bay to St. Louis monthly, winter and summer, easier or 
cheaper than it could be taken from Wisconsin to New York? 
Reason teaches us that if silver can be carried safely by land 
a thousand miles in the quantities now so carried, that it can 
be taken to the eastern cities much cheaper and safer. Then 
is it necessary to call to the aid of our commerce worthless 
eastern bank paper or any other bank paper? I say not, and 
I say further, if we are to be continually and eternally wedded 
to banks and bank paper, let us at once say and determine that 
the good citizens and capitalists of our own state shall have 
the privilege of furnishing it for us, and not bar them from 
the benefits extended to foreign nabobs. 

I come now, Mr. Chairman, to the second and last point in 
the matter in dispute before the committee: the question 
whether we will retain the penalties in the majority report and 
make them a part of the constitution. It is argued by gentle- 
men that such enactments are unusual, unprecedented. Now, 
sir, is that a sufficient reason why such a provision should not 
be in our constitution? It seems to me not. Sir, is it right; 
is it proper? All agree that the most stringent prohibitions 


1846] THE CONSTITUTION OF 1846 Tt 


against bank and bank influence should be provided, but the 
great difference seems to be whether the work of prohibition 
shall be made complete in the constitution or whether we shall 
leave the most material and essential part for the legislature 
to do. 

It does seem to me that we are differing and disputing about 
a small matter. I, sir, have no fears in relation to the matter. 
I am perfectly willing to trust the matter with the people, but 
the friends of the measure are anxious to retain the penal 
provision in the constitution. Some who oppose the measure 
contend that such a penal enactment would be a dead letter 
without further legislation upon the subject. My colleague 
(A. H. Smith) contends that if the report is adopted it will be- 
come a law complete without further legislation. I do not so 
understand it, and therefore I must differ with him; in my 
mind further legislation would be necessary if the report is 
adopted. Provision must be made for the prosecution and re- 
covery by law. 

But the adoption of the report will completely fix the mini- 
mum of the punishment, below which no legislature can go. 
The gentleman from Fond du Lae (Mr. Gibson), who presents 
the minority report, says that he is opposed to the report in 
every particular; he however declares against banks for the 
present. He says he does not believe that banks will be 
wanted in the new state for the next ten years; but he says 
the time will come when we shall be more wealthy and will 
need banks. Now is his argument well founded? 

Is it true that a population of one hundred and fifty thou- 
sand doing a business commercial or otherwise of two mil- 
lions of dollars can get along better without banks than with, 
and is it equally true that when we have a population of six 
hundred thousand inhabitants doing a business commercial 
and otherwise to the amount of eight millions of dollars, that 
we must then have banks? Is it true, sir, that a merchant 
doing business of five thousand dollars now can do the same 
without the aid and assistance of banks, and ten years from 
this time the same merchant doing the same amount of busi- 
ness must then have the kind favor, aid, and assistance of 


112 WISCONSIN HISTORICAL COLLECTIONS {, oct. 12 


banks? I do trust, sir, there is too much good sense in this 
committee to believe any such doctrine. Then, sir, if the gen- 
tleman’s position in this respect is unfounded, does not his 
whole argument fall to the ground? Then, Mr. Chairman, is 
there anything wrong in retaining the penalty in the constitu- 
tion? Some gentlemen seem to think that with the penalties 
retained in the constitution it will look bad. Now, sir, that is 
not the question. I care not whether we make a long or a 
short, a homely or a handsome constitution. The only ques- 
tion with me is, How shall we make it in order to get it right? 
Make it right, and then it will possess all the qualifications that 
will be necessary to recommend it to my constituents. Some- 
thing has been said about trusting the people; that the Democ- 
racy should not mistrust the people; that Democrats should 
be willing to leave the question of penalty and of enacting such 
laws [as] shall be necessary from time to time to carry into 
effect the constitutional prohibition to future legislation. 
Now, sir, I am never afraid to trust all matters of government 
with the people, and I am confident that if any legislature here- 
after should betray the confidence reposed in them by the peo- 
ple, and attempt to render the constitutional provisions nuga- 
tory by their acts, that the people would at the very next elec- 
tion relieve such honorable legislators from the responsibility 
of serving them further. Notwithstanding I have complete 
confidence in the people, I have not that confidence in the legis- 
lature. I am convinced from the past history of our country 
that money has an uncontrollable influence upon legislative 
bodies. I well recollect the history of banking in Michigan. 
Although that system is charged upon the Democrats by gen- 
tlemen upon this floor, I must beg leave to differ with them. 
I admit the fact, sir, that the time the wild-cat system in Mich- 
igan was established by the legislature of that state, the 
Democracy had a majority in both branches of the legislature; 
but did not the main body of the Democratic party oppose, 
and did not the entire Whig party support it? And I ask if 
money was not brought to bear upon the weakness of repre- 
sentatives? And did not some corrupting influence bring to 
the assistance of the Whigs a few Democratic members—suffi- 


” 


1846] THE CONSTITUTION OF 1846 113 


cient to carry the measures—and thus curse that state for 
years? And, sir, is it not an alarming fact that when Gen- 
eral Jackson was elected president there was a large majority 
in both houses of Congress decidedly Democratic? And when 
the term of the same Congress closed, a majority were decid- 
edly opposed to him? A second Congress elected by the peo- 
ple who took their seats decidedly Democratic and devoted 
friends to the President—their term expired and they closed 
their labors with a decided majority against the President. 
All this had its effect with the people; they began to inquire 
into the cause; a third Congress was elected and took their 
seats with a decided majority in favor of the administration, 
but to the astonishment of all, the same biennial change visited 
them. A fourth exertion followed on the part of the people 
in behalf of the administration with a similar result; and again 
was the will of the people, as expressed through the ballot 
boxes, defeated and disregarded. This was sensibly felt, but 
the cause was as yet unseen and untold. The energy, firm- 
ness, and patriotism of the President in the meantime pros- 
trated the United States Bank, and subsequently a settlement 
of the affairs of that institution disclosed the whole evil. The 
great cause of the numerous political changes of members of 
Congress was then made apparent. The financial affairs of 
the government monster showed that some two hundred and 
fifty members of Congress, during the eight years of President 
Jackson’s administration, had received large accommodations 
at that institution, all of which satisfied the people most effec- 
tually that a speedy divorce between the government and all 
moneyed institutions must take place. I mention these cir- 
cumstances, sir, to show the influence money has had and will 
be likely to have again over legislatures to prevent which the 
penalty in the report was proposed. I also mention these 
facts to show that the people are generally right, but that when 
money can be brought to bear upon their representatives they 
(the representatives) are generally wrong. 

Now, Mr. Chairman, what would be the great advantage to 
the people of this new state, if the penalties should be retained 
and made a part of the constitution? I will briefly give my 


8 


114 WISCONSIN HISTORICAL COLLECTIONS [| oct. 12 


views in relation to the great benefits we should derive from 
the penalties proposed to be enacted. The report only pro- 
poses to fix the minimum below which no after legislature can 
go, thus settling the question forever beyond dispute, teach- 
ing the banking world that we have forever placed our legis- 
lature beyond the influence of money and corruption on the 
subject of banks and banking, that we have rendered lobby- 
ing useless and of no avail, and therefore the time that would 
undoubtedly be spent by our legislature in listening to the ap- 
peals made to them by capitalists, asking, yes, begging of them 
to enact mere nominal penalties in order that the rich may 
in a legal way monopolize all monetary affairs and thereby 
crush the poor. Who does not believe that the simple enact- 
ment of the penalty would in time save many hundred thou- 
sand dollars to the people of the new state? 

But, Mr. Chairman, while I am upon this subject, permit 
me to say that it is my opinion that the penalty proposed as 
a minimum is too high; the term of imprisonment proposed 
should in my opinion be reduced to one year; but by all means 
retain the provision for imprisonment in the state prison; for 
I can assure the members of this committee that imprisonment 
in the state prison will do more towards prohibiting the viola- 
tion of the provisions of such a constitution as we now pro- 
pose to adopt than a fine of a hundred thousand dollars. And 
in the case of passing, I think a forfeiture of the money of- 
fered would be sufficient to prohibit a violation of that por- 
tion of the constitution. 

I would in conclusion suggest, as a matter of policy, that 
the exclusion of foreign paper from the new state be gradual. 
After 1847, exclude all paper of a less denomination than $5; 
after 1848, all of a less denomination than $10; after the year 
1849, all of a less denomination than $20; and after 1850, all 
of a less denomination than $50; and_all bills of $50 and over 
would become and take the place of bills of exchange. I have 
thus briefly given my views, hoping that we will act rationally 
on all these matters and avoid as much as possible person- 
alities; too much personal feeling has already been exhibited 
upon this subject.—Democrat, Oct. 31, 1846. 


1846] THE CONSTITUTION OF 1846 115 


BANKS AND BANKING 
(Speech of Mr. Prentiss, October 12, 1846) 


Mr. Prentiss said he had no desire to discuss the subject of 
banks and banking, but, that his course might not be liable to 
misconception, he wished to state briefly some of the reasons 
why he could not vote for the article as reported from the com- 
mittee. Whenever it was his duty to act in any manner to 
affect the general interests of the country or of any portion 
of it, he would so act as he believed would best promote those 
interests, whatever might be the consequences to himself as an 
individual. If he could not please all his friends, he could 
only say it was as much a source of regret to him as to them. 
The question was not whether there should be a bank, but 
whether they would give the power, with proper guards and 
under proper restrictions, to the legislature of authorizing 
banking in any form, at any future time, or in any possible 
contingency that might occur. That is the true question at 
issue. The great principle involved in this article, if fairly 
developed, would reduce the currency, which is now a mixed 
one, to one of a purely metallic character. The mere inhibi- 
tion upon the legislature of authorizing banking in any form 
is but half of the work; to carry out the principle they must 
expel from the currency everything but hard money, and that 
in the present age he believed was utterly impossible. In 
viewing this question they should not act with reference to 
first principles merely, they should not look upon the thing 
in the abstract only, as if it were new and untried, but they 
should have regard to the circumstances in which they were 
placed and tae relations which they bear to other states, and 
see how they would be affected by attempting to carry out the 
principle. If they were an isolated people, separated from all 
the rest of the civilized world, perhaps the principle as con- 
tained in the article would be well enough in practice; but as 
they now were, in their present condition, the principle he be- 
lieved was utterly impracticable. If they were to inhibit every 
species of banking, as a necessary consequence they must pre- 


116 WISCONSIN HISTORICAL COLLECTIONS [ Oct. 12 


vent the influx of foreign bank bills; it is in vain to inhibit 
all banking and yet permit here the circulation of bank notes 
of other states, over which banks they can exercise no control 
or regulating power, and of the character of their notes they 
can know little or nothing. He would have no banking under 
any circumstances unless it could be done safely to the public 
and for their convenience; he was as unfriendly as anyone 
to irresponsible banking, and he was equally as unfriendly to 
any principle which, if carried out, would tend to impair or 
check the increasing prosperity of the country. 

This article forever prohibits the legislature from author- 
izing banking of any kind, under any restrictions. He was not 
willing that the legislature should have no power at any fu- 
ture time when, perhaps, the circumstances and necessities 
of the people might require it, to permit banking with proper 
guards, and under proper restrictions. Nor was he willing 
that the present population of the territory, of one hundred 
and sixty thousand, should bind half a million of people, to 
which the population of the territory would soon swell, upon 
a matter of at least doubtful policy. 

Besides, a constitution, in his apprehension, should consist 
of few, single, and fundamental principles, and not of matters 
of questionable expediency or doubtful policy; those should be 
left to the legislature properly restricted ; and especially should 
they not insert into the constitution provisions which cannot 
be enforced.—Democrat, Oct. 31, 1846. 


1846] THE CONSTITUTION OF 1846 1a 


TUESDAY, OcToBER 13, 1846 


Prayer by the Rev. Mr. McHugh. 
The journal of yesterday was read. 


Mr. Judd called the attention of the convention to an error 
in punctuation in printing the report of the committee on 
finance, taxation, and the public debt, whereby the meaning of 
the report is essentially altered. 

N. F. Hyer called up the resolution offered by him some days 
since, relative to obtaining certain information from clerks of 
courts. 

The Chair was of opinion that his motion would be in order 
when the unfinished business came up. 

Mr. Judd begged leave to differ with the Chair in his con- 
struction of the rules.—Ezpress, Oct. 20, 1846. 


Moses M. Strong moved that the rules relative to the order of busi- 
ness be suspended and that the convention do now resolve itself into 
committee of the whole for the further consideration of No. 1, ‘‘ Article 
relative to banks and banking,’’ and the minority report relative there- 
to, which was decided in the affirmative. And a division having been 
called for, there were 53 in the affirmative and 13 in the negative, 

The convention then resolved itself into committee of the whole for 
the consideration of said article, Mr. Agry in the chair. And after 
some time spent in the consideration thereof the committee rose and re- 
ported progress and asked leave to sit again thereon. Leave was 
granted. 


On motion of N. F. Hyer the convention adjourned until two o’clock, 
P. M. 


Mr. Baker took the floor in opposition to the penal clauses 
contained in the majority report of the committee. He did 
not pretend to enter into the principles of banking, as he con- 
sidered that principle definitely settled, no member having 
yet spoken in favor of banks or banking, although much time 
had been already spent in this discussion. He believed it to 
be a settled principle with every member of the committee that 
we were to have no banks nor banking operations whatever 
within the state. He thought the prohibition of the circula- 


ay wr 
ht il 


118 WISCONSIN HISTORICAL COLLECTIONS [ oct. 13 


tion of bank notes of other states would be injudicious and 
inexpedient and did not believe the people would uphold the 
convention in inserting such a clause in the constitution. He 
feared the rejection by the people of the constitution contain- 
ing such a prohibition. With the views he entertained upon 
the subject he would not be deterred from frankly and fear- 
lessly expressing his sentiments by any such epithets as ‘‘Old 
Hunker,’’ ‘Progressive Democrat,’’ ‘‘Tadpole,’’ or ‘‘Four- 
footed Democrat.’’ He would ask if we were prepared to ex- 
clude all the foreign paper money from our state. He consid- 
ered such a prohibition uncalled for and prejudicial to the best 
interests of the people. It was true, he said, that the western 
portion of the territory had driven out paper, which was all 
right so far as they were concerned, and the east could also do 
it by making laws to banish it. But they have never done it, 
nor have they ever wished to do it. The east was essentially 
different from the west. A constant influx of emigration pour- 
ing in, most of whom brought with them the paper of good, 
sound, specie paying banks, it was impossible in every case to 
bring specie in lieu of paper; specie was not so plenty there. 
If a man sold his farm for four or five thousand dollars, it was 
a difficult matter in many cases and sometimes impossible to 
obtain specie in payment. Therefore, if this amendment of the 
member from Grant should prevail, it would have the effect of 
checking emigration to our state and turn it off to some other 
quarter where their money could be used with less inconven- 
ience. Mr. Baker regarded the operation of this law vastly dif- 
ferently west than at the east. Should you say to an emigrant 
coming into our lake ports, ‘‘ You shall not bring your paper 
into our state,’’ it would most effectually check the tide of emi- 
gration. He said the main export of the west was lead, and of 
the east wheat; specie was plenty at the west because there 
was not that competition in lead that there was in wheat. The 
eastern staple of wheat must compete with the vast wheat re- 
gion of New York, that of Michigan, Illinois, Indiana, and Ohio; 
and buyers will be apt to purchase where they can do so with 
the least inconvenience. If they are obliged to bring with them 
the specie to purchase our wheat, when they can purchase their 


‘ae 


CHARLES Minron BaxkeEr 


From a photograph in the Wisconsin Historical Library 


1846] THE CONSTITUTION OF 1846 119 


supplies in the other markets for the paper of sound banks, 
they will be drawn off to the other markets. 

The majority of our territory is a wheat growing country; 
laws would not be to their interest prohibiting the circulation of 
bills of sound banks in other states. If the people of the east 
wish a specie currency they can have it, or any other currency 
they please. Unless a law enacted to prohibit paper be sus- 
tained by the good will of the people it will be of no use. They 
ean fix the currency for themselves, and let them say what it 
shall be. He was in favor of leaving the penal clauses to the 
action of future legislatures, as it would be a novelty unheard 
of to name crimes and affix penalties in a constitution. The 
convention came here to define the future government of the 
state; to define the legitimate functions of the legislature; and 
anything further was an encroachment upon the duties of the 
legislature. One objection to thus lumbering up the constitu- 
tion with naming crimes and affixing penalties is that it would 
render it complex and ambiguous, not easily understood by the 
people, who would sometimes be compelled to consult a lawyer 
to define its meaning; and he was fearful lest this should cause 
a rejection of the constitution in toto by the people. Give the 
people a constitution that is plain and conspicuous in all its 
general principles, and allow the legislature to fill up the de- 
tails; give them some power and some duties to perform, and 
not arrogate to ourselves more wisdom and foresight than all 
who are to come after us. Mr. Baker referred, during his re- 
marks, to the constitutions of Missouri, Texas, and other states, 
showing that they had not gone so far as to affix penalties but 
instead of doing so had left to the legislatures to prohibit bank- 
ing, under such restrictions as they saw fit. These were 
“‘hard’’ states; the majority in Texas were emphatically a 
“‘hard’’ set. They both enjoin the legislatures to pass laws 
prohibiting banking; yet they do not go into detail by affixing 
penalties. He hoped to see our constitution in advance of all 
others in its liberal principles, but he did not consider it nec- 
essary to go into details to do this. He thought we should have 
our constitution plain and definite and not go into prolix de- 
tails more properly belonging to legislatures, by affixing pen- 


120 WISCONSIN HISTORICAL COLLECTIONS [ oct. 13 


alties which can never be enforced. He thought this was con- 
sidering the members of all future legislatures as mere chil- 
dren. They would be insulted by thus infringing upon their 
rights, to be considered ‘‘soft’’ and lable to be influenced by 
lobby members. They would taunt this convention with this 
treatment; but if this matter should be left to them, will exert 
themselves to carry out the intentions of this convention. Sup- 
pose this article should be engrafted into the constitution, how 
easy would it be for the legislature to say that complaint should 
be made five or ten days after the commission of the offense, or 
that two or three witnesses should be necessary for prosecution 
—would not that render these penal clauses nugatory? We 
should, then, confide to the good faith of the legislature to carry 
into effect our enactments; he considered it more magnani- 
mous to do so than to get out of our legitimate province by mak- 
ing laws. The penalties are too large and the imprisonment too 
long to render it possible to enforce them; their magnitude 
would shock the people. They never could be carried into ef- 
fect. This was not a transgression of any law of nature, such 
as murder, arson, or burglary, but a crime only because made so 
by the action of this convention. Mr. Baker gave notice to the 
committee that he had an amendment to the report, which he 
would submit at the proper time. 

Mr. Clark was opposed to paper money of any description, 
let it emanate from whence it may. He was as much opposed 
to the introduction of ‘‘wildeat’’ as of ‘‘ Badger’’ money, and 
would join in the hunt against these banks with a double-bar- 
reled gun, and shoot the wild cat with one barrel, the badger 
with the other, and then tumble them both into the same grave. 
He came here from an independent county, and was himself 
emphatically an independent man. He had heard it said on 
this floor that there was no such thing as an independent man 
to be found; it was a mistake; he would inform the gentleman 
who made the remark that there were independent men on the 
other side of the Wisconsin, and thank God and their wives 
these independent men were on the increase. He went the whole 
length in the exclusion of paper money; he had given his con- 
stituents a pledge to go the whole figure in opposing banks; and 


1846] THE CONSTITUTION OF 1846 121 


when he should be found to forfeit that pledge on this floor he 
hoped his tongue would cleave to the roof of his mouth, or he 
be in condition for the ants to carry him through the keyhole. 
But he was opposed to penal clauses in the report inasmuch 
as he considered them disproportioned to the offense. 

Mr. Beall would detain the convention by making a few re- 
marks upon this subject which had already been so ably and 
cogently discussed. He thought the gentleman from Walworth 
(Mr. Baker) had struck the right vein at last, and he had been 
delighted and enlightened by listening to his able remarks; he 
was delighted with them because he considered them practical. 
Yesterday we listened to the remarks of lawyers—yesterday we 
had theory; today we have listened to farmers, and we had the 
theory reduced to practice. He considered that the convention 
were going ahead too fast yesterday and he would hold on to 
the anchor thrown out to windward by the member from Wal- 
worth. He would not detain the convention by any set speech 
on this subject, as he considered the floor justly belonged to the 
member from Dodge (Mr. Judd) but he had a substitute for the 
report of the committee, which he would submit at the proper 
time, which substitute met his views, and he hoped it would 
meet the approbation of the convention. Mr. Beall said he had 
nothing to say in regard to the principle of banking; that ques- 
tion was settled. No member of the committee had yet ex- 
pressed himself in favor of banking and probably none would, 
but he did not agree with the report nor substitutes or amend- 
ments in detail as he was opposed to the penal clauses in the 
majority report and was opposed to the immediate suppression 
of the circulation of foreign paper money. The first because he 
considered it more properly the duty of the legislature to affix 
penalties and the latter because it would prove prejudicial to 
the interests of the people. 

Mr. Judd next took the floor, premising his remarks with the 
observation that he had no proposition to offer, but had risen 
to place himself in a right position in regard to this subject. 
The course the discussion had taken was calculated to place 
the committee in a wrong position; anyone who opposed the re- 
port had been called ‘‘bank’’ men, which application was not 


122 WISCONSIN HISTORICAL COLLECTIONS [ oct. 13 


true as regarded him, nor of any member who had preceded 
him, if their professions were true, and he did not doubt 
them. All Democrats were opposed to banks, but the ques- 
tion was simply upon the details, and he objected to the de- 
tails of the majority report. Of all the propositions sub- 
mitted he preferred that of the gentleman from Iowa (W. R. 
Smith) which was the most simple, correct, and less liable to 
misapprehension. The gentleman says, ‘‘The insertion of ab- 
stract principles into the constitution would render them a dead 
letter, unless the penalties were clearly defined and adopted,”’ 
which he did not consider was the case, and quoted from the 
constitution to support his argument, showing that it contained 
abstract propositions to which no penalty was appended. 

He did not understand the meaning of the gentleman’s 
phrases of ‘‘hards’’ and ‘‘softs’’ and therefore would not use 
them; the gentleman was perfectly welcome to use them in his 
parlance, but he wanted nothing to do with them. The idea was 
that the gentleman was not afraid of this convention, but afraid 
of all future legislatures. His opinion was that if any legisla- 
ture which may hereafter be sent here is corrupt enough, vio- 
late any article in this constitution, he was willing to consider 
all future officers, governors, and legislatures as honest as him- 
self and would [not] believe the people would ever send here 
representatives so wilfully corrupt as to violate any article in 
the constitution. 

By voting for the amendment of the member from Grant to 
the substitute offered by the member from Iowa it was in- 
tended to render the latter so perfectly ridiculous that its 
friends would not know it, and no person who sincerely under- 
stood it would vote for it. He would state one word in regard 
to the section of the amendment of the gentleman from Grant 
prohibiting the circulation of treasury notes within our state. 
Would the United States admit a state into the Union with 
such a proposition in her constitution, making it a felony to 
pass, utter, or receive a treasury note? Especially a state in 
which she has so much public land in market, and so much more 
to come into market hereafter? Most certainly not. He gave 


1846] THE CONSTITUTION OF 1846 123 


notice that he would not allow gentlemen to call him a ‘‘bank’”’ 
man because of his opposition to such a gag as these penalties. 
Mr. A. Hyatt Smith took the floor, but gave way to a motion 
to rise, report progress, and ask leave to sit again. Which mo- 
tion was put and carried, and the committee rose accordingly. 
The convention then adjourned to two o’clock.—Ezpress, 
Oct. 20, 1846. 


BANKS AND BANKING 


(Remarks of Mr. Beall, of Marquette, in committee of the whole) 


Mr. CHarrman: The gentleman from Walworth has struck 
the right view at last. He has broken new ground, and I have 
no doubt his views will exert a great influence on the results of 
this question. Yesterday we listened to the speeches of lawyers 
—we had theory. Today I trust we shall hear from farmers 
and their opinions of the inevitable operation of the principles 
which are sought to be introduced into this article. I shall de- 
tain the committee but a short time, as I suppose the floor prop- 
erly belongs to my friend from Dodge (Dr. Judd). 

I have nothing to say, sir, of the fraudulent practices of bank- 
ing and the intense feeling entertained and expressed thereof 
throughout the territory. I have my full share of that feeling, 
and I shall endeavor to carry out what I believe to be the senti- 
ment of that political interest to which I profess to belong. The 
gentleman from Racine (Mr. Ryan) has drawn a most dismal 
but not untrue picture of individual and financial calamity 
which the modern system of banking has inflicted upon this 
whole country, and particularly the western portion of it, and 
he urges upon the committee in a speech of great power and tal- 
ent that a system which has proved so utterly faithless in its 
management and ruinous in its consequences shall be con- 
demned and inhibited in the constitution of the state. Sir, I 
agree with him in all this. My hostility to the frauds of mon- 
eyed monopolies which in defiance of the law have plundered 
year after year millions from the honest and producing indus- 
try of the country is as fixed and inveterate as his own. I be- 
lieve the idea of special bank charters in this territory at least 


124 WISCONSIN HISTORICAL COLLECTIONS {| oct. 13 


cannot be entertained for one moment by any public man. I go 
further, sir. The sentiment of the masses, not only here, but all 
over the Union, is concentrating against monopolies of every 
kind with exclusive privileges; and I am greatly mistaken if the 
day is far distant which will produce a concurrent and unani- 
mous action on this subject, fixing on a surer basis the mone- 
tary exchanges and dealings of the people, and reducing to 
fact what is now, in some degree, merely the opinion and desire 
of the great Democratic party of the country. 

I shall be unable, Mr. Chairman, to vote for the measures 
proposed in the report of the committee on banks and banking, 
as amended, nor can I support the plan suggested in the amend- 
ment of the gentleman from Walworth (Mr. Baker) in regard 
to both of which I design to make a few remarks. At the proper 
time it is my intention to offer a substitute embodying my 
views and which with the permission of the committee I will 
now read: 

‘‘Section 1. The legislature of this state shall not have 
power to grant any special bank charters or confer any special 
banking privileges whatever. 

“Section 2. All banks and all banking of any description 
whatever, either general or special, is forever prohibited with- 
in this state, except as hereinafter provided for. 

““Section 3. No law authorizing banking in any manner or 
under any pretext whatever shall ever be passed by the legisla- 
ture of this state, except such law be general in its terms and 
conveying rights equally to every citizen, and shall be adopted 
in the following manner: The proposed law shall pass through 
the ordinary forms of legislation, the yeas and nays being taken 
and entered at large upon the journal of the legislature, and, 
if adopted by them, shall be published fully and distinctly in 
six weekly newspapers located in different sections of the state 
for thirteen weeks in succession next preceding any general 
election, and shall then be submitted to the people, and if ap- 
proved by a majority of the electors of this state, at such elec- 
tion, made to appear by the returns to the proper office as shall 
be provided for the election of members of Congress of the 
United States, then the said act shall become a law of the land, 


1846] THE CONSTITUTION OF 1846 125 


subject to be repealed, altered, or amended in the same manner 
as is provided for enacting the same, and in no other way: Pro- 
vided, always, the private and individual property of the stock- 
holders of any and all banks established under this article shall 
be liable for all debts contracted or notes or bills issued by the 
corporation or institution of which they shall be stockholders, 
in like manner and to the same extent as for other indebtedness, 
and for the term of one year after the transfer of their stock 
shall have been made. 

*‘Section 4. No person or persons, eels or institu- 
tion within this state, except such as are expressly authorized 
by law as herein provided, or any agent of any institution, cor- 
poration, or person of any other state or territory or of any 
foreign country shall issue within this state any bills, promis- 
sory notes, certificates of deposit, or other evidence of debt 
whatever, intended to circulate as money, under the penalty of 
a forfeiture of an amount equal to the amount so issued, and 
such other penalties as shall be by law provided. 

“‘Section 5. No corporation within this state other than 
those provided for in this article shall receive deposits of 
money, make discounts, or buy or sell bills of exchange.’’* 

We have then, sir, three projects before us: 

First. <A total inhibition of banks, and also of paper circula- 
tion, under high pains and penalties, in notes less than certain 
denominations, after the year 1849. 

Seeond. The legislature is forbidden to grant banking privi- 
leges. But the vacuum is to be supplied by an unlimited indul- 
gence to currency from abroad. 

Third. The plan which I have had the honor to submit to the 
action of the committee. 

It will be observed, sir, that the advocates of an exclusive 
metallic currency, with their pains and penalties, have gone a 
figure beyond what has heretofore been attempted by any con- 
stitutional or legislative body in this country. They had not 
the light of example nor precedent, and they are not sustained 


* The substitute of Mr. Beall, as originally read to the committee, was sub- 
sequently modified at the suggestion of Mr. Steele and appears above as it 
was finally acted on. The substitute was lost by a vote of 74 nays to 29 yeas. 


126 WISCONSIN HISTORICAL COLLECTIONS [| oct. 13 


by a proper deference to the welfare or instructions of those 
who sent them here. Texas and Iowa took strong and bold 
ground on this subject. An imputation will not be cast on their 
orthodoxy and progressive democracy; and yet their constitu- 
tions contain no such inflamed and revolutionary provisions as 
are sought to be incorporated here. Do gentlemen suppose that 
the people will be satisfied with an article which not only as- 
sumes to upset and annihilate their present facilities of busi- 
ness but insults them with an implied declaration that they are 
not honest enough and therefore cannot be trusted to transact 
their own concerns in their own way? Do gentlemen think that 
their system of pains and penalties descending and fastening 
upon the everyday transactions of men of small means will add 
dignity to their purpose or give character and effect to a meas- 
ure the most odious and tyrannical ever attempted to be in- 
flicted upon a free people? Sir, this is emphatically an article 
of discrimination in favor of the rich. It can never reach, nor 
do its terms apply to the man who counts his treasures by fifties 
and hundreds, while it descends in merciless rigor upon the un- 
fortunate laborer who dares to use such sums as are within his 
ability to acquire. Sir, you may level your denunciations 
against one class in favor of another. You may enact these 
clauses of fines and jails, but you never can enforce them. If 
this is the principle of progressive democracy, I have commit- 
ted a great error in my political attachments, and it is such a 
principle as can never be carried out in practice. 

Mr. Chairman, the people will not be deceived in this matter. 
They will not be blinded by false issues and beautiful essays on 
currency and hard money, with which this committee were en- 
tertained on yesterday by the member from Racine (Mr. 
Strong) and I am greatly deceived if this whole scheme does 
not meet with that utter condemnation which it most richly de- 
serves. 

I am also opposed to the second proposition as introduced 
by the honorable gentleman from Walworth (Mr. Baker). It 
is infinitely less objectionable than the one to which I have al- 
luded, and yet I can never consent to sustain a measure which 
is palpably hypocritical upon its face. What, sir? Shall we 


Mt 


1846] THE CONSTITUTION OF 1846 127 


restrain the issues of our own capital, over which we can at all 
times exercise a preventive, corrective influence, and open the 
floodgates for a foreign, unknown, uncontrolled, and irrespon- 
sible currency? Give me a reason for engrafting into the con- 
stitution of this state so absurd and senseless anidea! What’s 
the evil complained of which has so aroused the indignation of 
the people? Undoubtedly, the uncertainty and constant loss 
attending a fraudulent irresponsible issue among men who sel- 
dom know where it comes from and when, if ever, it will be 
paid. Well, then, will any man in his senses contend that the 
notes of Indiana and Ohio and Michigan are safer and better 
in the hands of our farmers than the issues which are made in 
their own neighborhood, and upon which they themselves have 
assisted in imposing checks and guards and restraints? Sir, 
the whole conception is a delusion. Its consistency cannot be 
demonstrated by any sound reasoning and is beneath the dig- 
nity which should characterize the fundamental law of the land. 

I have said that I was willing to take strong ground. I will 
not come short of the true position; and in this view the pro- 
visions of the substitute have been framed. Let the old and 
rotten hulks of special charters and exclusive privileges be ex- 
ploded. Assert the antibank doctrine in this respect to its full- 
est extent; but if the time should arrive in the progress of free 
trade and the wisdom of those who sent us here, when a system 
of general banking, open to everyone under proper restraints, 
shall be deemed advisable for the well-being of the state, let 
not the avenue of escape be sealed. Is it not safer and more 
prudent to commit the responsibility to the people, in a mat- 
ter which constantly occupies their attention and may most 
fatally affect their interests, than to oblige them to seek relief 
in the slow and difficult process of a revision or amendment of 
the constitution? Observe, sir, the recent action of New York. 
The tricks and contrivances and legal existence of special bank- 
ing were given to the winds; and yet it was deemed unwise by 
an overwhelming vote to inhibit the circulation of paper, and 
much less to entrust the business and monetary interests of the 
state to the uncertain keeping of the currencies of the whole 
world. 


128 WISCONSIN HISTORICAL COLLECTIONS [ oct. 13 


May it not be true, Mr. Chairman, that the opinions of this 
convention are ahead of facts? That, in taking such bold 
strides in advance of whatever has been done in other states, 
we are not also ahead of the just expectations of those who sent 
us here? If so, I shall find consolation in the reflection that at 
every stage of its progress I denounced as execrable the mad 
and suicidal measure which there is every reason to believe the 
majority are determined to consummate.—Argus, Nov. 10, 
1846. 


TWO O’CLOCK, P. M. 


Mr. Crawford presented the certificate of election of Charles HE. 
Browne, a member of this convention from the county of Milwaukee, 
who upon motion of Mr. Crawford was admitted to his seat. 

Warren Chase, by leave, introduced the following resolution, which 
was read, to wit: ‘‘ Resolved, That the hour of meeting for this conven- 
tion be hereafter at nine o’clock, A. M., instead of ten.’’ 

Moses M. Strong moved that the fourth standing rule for the govern- 
ment of this convention be suspended in reference to the above res- 
olution, so that the same may be now taken up and acted upon, which 
was decided in the affirmative. And a division having been called for, 
there were 59 in the affirmative and 4 in the negative. The said resolu- 
tion was then taken up and adopted. 

On motion of A. Hyatt Smith, the convention again resolved itself 
into committee of the whole for the further consideration of No. 1, 
““Article on banks and banking,’’ and the minority report relative 
thereto, Mr. Agry in the chair. And after some time spent therein the 
committee rose and reported progress and asked leave to sit again. 
Leave was granted. 

Moses M. Strong moved that the convention adjourn until seven 
o’clock this evening. Mr. Judd moved to adjourn, which was decided 
in the affirmative. On which motion a division was called for and there 
were 66 in the affirmative, negative not counted. So the convention ad- 
journed. 


The convention went into committee of the whole on banks 
and banking, Mr. Agry in the chair. 

A. Hyatt Smith took the floor in support of his views upon 
the subject before the committee, which were in favor of the 
amendment of the gentleman from Grant with an amendment 
of his own to the same, and which he would offer in its proper 
place for the gradual withdrawal of all foreign paper money 
from the territory. Mr. Smith occupied some two hours in his 


“e 
~~ 


1846] THE CONSTITUTION OF 1846 129 


remarks, and in the course of them alluded to the manner in 
which the Wisconsin Marine and Fire Insurance Company had 
escaped every effort made by the legislature to prevent its op- 
erations; and also to the part taken by certain members of the 
last legislature in reference to the subject. These allusions 
brought out Mr. Dennis, who construed the remarks of the pre- 
ceding gentleman as meant to apply to himself, and wished to 
define his position. He said the only two men who were op- 
posed to the repeal of the Wisconsin Marine and Fire Insur- 
ance Company charter at the last session of the legislature were 
the Attorney General (A. Hyatt Smith) and Mr. Mitchell, the 
president of the institution. 

Mr. Dennis was called to order by the Chair, the discussion 
becoming personal. He then proceeded in order upon the sub- 
ject of the report of the committee, pointing out what he con- 
sidered an oversight on the part of the framer, and desired an 
explanation upon the subject. He thought the committee had 
overlooked it in their report and gentlemen had not noticed it 
during the discussion. He thought that if a person should pay 
the penalty or undergo the imprisonment inflicted by the article 
in the report of this committee he could afterwards bank as 
much as he pleased. This report was therefore not hard 
enough for him, as he was opposed to leaving any such loop- 
hole unclosed. 

Mr. Ryan would inquire if the gentleman thought that if a 
man had once been tried and sentenced for murder and par- 
doned by the governor he would have a right to murder every 
man he chose. 

Messrs. Parks and Bevans continued the discussion, the for- 
mer giving an essay upon the relative value of gold and silver, 
exchanges, etc., etc., and the latter went over the old argu- 
ments of the ‘‘hards’’ and occupied the floor until the usual 
hour for adjournment, when it was moved and carried that the 
committee should rise and report.—Eapress, Oct. 20, 1846. 


9 


130 WISCONSIN HISTORICAL COLLECTIONS [ Oct. 13 


BANKS AND BANKING 
(Speech of Mr. Parks in committee of the whole, October 13, 1846) 


Mr. CHarrman: In the course of this debate a wide range 
has been taken by the different speakers, bringing up directly 
or indirectly the whole subject of the currency. That great 
evils have long existed and do now exist in the currency of the 
country is most undoubtedly true; but as the disease lies deeper 
in my opinion than anyone on this floor has as yet pointed out, 
or people in general have been in the habit of looking, so like- 
wise, in my opinion, the remedy is beyond the reach of this 
convention. That banks and bank issues have long been and 
now are great evils I have no doubt, but they are the natural 
consequences of the disease and not the disease itself; the 
cause of those great convulsions in the money market, which 
have rendered so unstable the commercial interests of this 
country and caused so much trouble and loss to all classes of 
the community, gentlemen here allege to be the great issues of 
bank paper; this I conceive to be the effects but not the pri- 
mary cause. This primary cause and the remedy I propose to 
examine: 

The great cause of most if not all the trouble in the currency 
of this country for the last thirty years I conceive to be found 
in the fact that we have made a metal which is not a precious 
metal the legal tender of the country—and before I go any 
farther, Mr. Chairman, I will stop here to explain what is in 
my opinion a precious metal. It is a metal which has at least 
two qualities: In the first place it must be a useful metal, such 
for instance as can be put to some valuable use in the mechanic 
arts, to give it a stable value; and in the second place it must 
be sufficiently scarce to contain much value in small bulk and 
weight, to make it a portable currency. Gold has the advan- 
tage of both qualities; it is very useful and is much used m 
the mechanic arts and is sufficiently scarce at present to be a 
portable currency; but it is certainly not the case with silver. 
Tt is a valuable metal in the mechanic arts and therefore stable 
in its value, but very few people I apprehend at this time will 


1846] THE CONSTITUTION OF 1846 131 


think it sufficiently scarce to be a portable currency. Why, 
Mr. Chairman, it weighs sixty pounds to the thousand dollars, 
and few whose payments in different sections of the coun- 
try should happen to be large would like to lug this cumber- 
some metal about them. However, in one respect it may 
be considered perfectly safe, for no thief could steal enough 
to pay his expenses in running away; but if that is to be con- 
sidered an advantage pig lead is much to be preferred 
to silver in that respect. The law to be sure makes gold and 
silver both a tender, but practically our tender has always been 
silver, for the relative value of any two metals depends not on 
the law of Congress, but on the demand and supply; in that re- 
spect the law of trade is greater than the statute law, so that 
whatever laws may be required on the subject the currency 
will always be substantially only of one metal or of something 
founded on only one of the metals made by law a tender, and 
of course of the least valuable of the metals which are made 
by law a tender. 

This law of supply and demand is not peculiar to gold and 
silver. Suppose for instance that Congress should pass a law 
that two bushels of corn should be of the value of one bushel 
of wheat, and suppose, further, that to have been the exact 
relative value at the time the law passed, and that the next 
season we had a short crop of wheat and a great crop of corn, 
then of course the relative value would be entirely upset and 
every man would hold his wheat at a premium and pay his 
debts in corn. I will now show that this is no more than has 
actually taken place in our mixed currency of gold and silver. 
In 1792 Congress passed an act to regulate the relative value of 
these metals and declared that the Hagle of the value of ten 
dollars should contain 247 4/8 grains of pure gold or 270 grains 
of standard gold and that a dollar should be of the value of a 
Spanish dollar and contain 371 4/16 grains of pure or 416 
grains of standard silver, thereby establishing by law that 
24 7/10 grains of gold should be worth 371 4/16 grains of sil- 
ver. But the laws of demand and supply were not to be con- 
trolled by the laws of Congress, for the silver mines continued 
to pour out their supplies in a greater proportion than the gold 


132 WISCONSIN HISTORICAL COLLECTIONS [ Oct. 13 


mines did, and of course silver fell in value and continued to 
fall in price until in 1834 when Congress found it necessary to 
pass another law on the subject. The difference was nearly 
seven per cent. Now, Mr. Chairman, what was the practical 
result of this?) Why of course it was to cause all the business 
of the country to be done in silver or its representative, for 
who would pay their debts in gold when they could pay them 
in silver for six or seven per cent less than they could in gold; 
and all the banks were particular of course to arm themselves 
with the cheapest tender. 

And it had another quality which made it peculiarly desir- 
able as a tender to them: it was so bulky and heavy in propor- 
tion to its value that no one could take it away without great 
trouble and expense, and this relative value has continued to 
change so that gold is now worth one and a half per cent ad- 
vance or rather from the continued oversupply of silver from 
the Mexican and other mines silver has continued to fall and 
has since 1834 fallen nearly one and a half per cent. Where 
this will stop I know not; neither do I think it important to in- 
quire. It is sufficient to know that our currency can never be a 
mixed one of gold and silver and that silver has so far ceased 
to be a precious metal as to be unfit to form the currency of 
any commercial country; and, sir, we can not repeal the act 
making silver a tender; that is for Congress and not for us. 

Under this state of things what course are we to pursue? 
Are we to engraft on this constitution a prohibition of bank 
bills and undertake to enforce it by pains and penalties? In 
my opinion certainly not. People will not be forced into lug- 
ging this cumbersome metal about them and submit to all the 
inconvenience of doing their business in a metal which has long 
since ceased to be a precious metal. They will either reject the 
constitution entirely or this provision will become a dead let- 
ter and remain there only a monument of the folly of this con- 
vention; and the business world will continue to do as they 
long have done: they will take bills of even doubtful credit, 
rather than be troubled with the silver. Legislative interfer- 
ence with the private business of individuals is always dan- 
gerous and last of all should it be engrafted in the constitution. 


1846] THE CONSTITUTION OF i846 133 


Mr. Chairman, although I am against inserting any of these 
restrictions of small bills into the constitution, I am far from 
being in favor of the chartering of banks in this state at pres- 
ent, for the plain reasons that there is not capital enough in this 
country at present to establish banks on a safe footing—there 
are no money lenders among us; at least there are few or none 
who have money to lend at a fair interest, so that the stock 
would inevitably fall into the hands of money borrowers who 
would use them [it] for the sole purpose of extending their 
facilities of credit without regard to the public safety; and fur- 
ther, whatever may be the views of other members of this con- 
vention, my own opinion is that there must shortly be an entire 
change in the currency of the country by substituting gold or 
some more precious metal for silver; and when that time comes 
banks will be comparatively harmless, being but little more 
than banks of deposit and discount, facilitating merchants in 
their business at home and their exchanges abroad, entering 
but little into the general currency of the country. 

Before I close, sir, I will make one remark in answer to a 
question which will no doubt arise in the minds of many. That 
is whether there is gold enough in the world sufficient to answer 
the purpose of a general currency. From the quantity usually 
seen in this country in years past one may well ask the ques- 
tion, and, sir, so long as silver is permitted to crowd out the 
more precious metal there will never be enough in this country; 
but, sir, when the law making silver a tender is repealed, there 
will be enough of it in the country. Why, sir, there is not only 
enough gold in the world, but I do not hesitate to say that there 
is already too much of it to form a convenient currency, and 
the supplies of it are constantly increasing though not in the 
ratio that silver is. For the last fifty years the value of even 
gold has fallen exceedingly in consequence of the great sup- 
plies—that is it requires a great deal less of human labor to 
procure a given quantity of it, and, when procured, it will not 
purchase near so much of the supplies for the necessary wants 
of man; and I have no doubt but the time will soon arrive when 
we must seek a more precious metal even than gold, for the 
great object to be sought is to procure that metal for money 


134 WISCONSIN HISTORICAL COLLECTIONS {_ oct. 13 


of which we can convey the greatest value in the least bulk and 
weight; and, sir, we must be content to let the people exercise 
their own judgment in the choice of paper, until the general 
government shall see fit to act with sound judgment on this 
subject.—Democrat, Nov. 7, 1846. 


ei 


1846] THE CONSTITUTION OF 1846 135 


WEDNESDAY, OcToBErR, 14, 1846 


Prayer by the Rev. Mr. Miner. 

The journal of yesterday was read. 

Mr. Cruson presented the certificate of election of Thomas P. Burnett, 
a member of this convention from the county of Grant, who upon his 
motion was admitted to his seat. 

Mr. Baker presented the certificate of election of William Berry, a 
member of this convention from the county of Walworth, who upon his 
motion was admitted to his seat. 

Mr. Holcombe presented the certificate of election of Peter A. R. 
Brace, a member of this convention from the county of Crawford, who 
upon his motion was admitted to his seat. 

A. Hyatt Smith presented the certificate of election of Samuel T. 
Clothier, a member of this convention from the county of Jefferson, 
who upon his motion was admitted to his seat. 

Mr. Whiteside presented the certificate of election of James R. Vine- 
yard, a member of this convention from the county of Grant, who upon 
his motion was admitted to his seat. 

Asa Kinne introduced the following resolution, which was read, to 
wit: “‘Resolved, That any white male citizen of the age of twenty-one 
years, of good moral character, and who possesses the qualifications [of] 
learning and ability, shall be entitled to admission to practice in all 
courts of this state.”’ 

James H. Hall introduced the following resolution, which was read, 
to wit: “‘Resolved, That the committee upon miscellaneous provisions 
not embraced in the subjects committed to other committees be in- 
structed to consider and report whether or not it is expedient to incor- 
porate a clause in the constitution exempting real estate from sale upon 
execution, and also whether or not a clause be incorporated providing 
for the better protection of the rights of married women in their prop- 
erty, and if in their opinion the incorporation of such clause be expedi- 
ent, that they be directed to report proper articles for that purpose.’’ 

Mr. Clark introduced the following resolution, which was read, to 
wit: ‘“‘Resolved, That 150 copies of the late act of Congress providing 
for the admission of Wisconsin into the Union be printed for the use 
of the members of this convention.’ 

Mr. Parkinson introduced the following resolution, which was read, 
to wit: “‘Resolved, That the legislature shall have [no] power to pass 
any law authorizing the granting of license for the sale of spirituous 
liquors in this state.”’ 

Mr. Judd moved to take up the resolution calling upon the treasurer 
for certain information. The President decided that the motion was 
out of order. 


136 WISCONSIN HISTORICAL COLLECTIONS [_ oct. 14 


Mr. Judd called for the consideration of the resolution of- 
fered some days since in relation to the canal lands for infor- 
mation. 


The Chair decided such call out of order, being properly 
unfinished business. 


Mr. Judd differed with the Chair in his construction of the 
rules, 


Here ensued quite a discussion between Messrs. J udd, Mar- 
shall M. Strong, and the Chair in regard to his decision. The 
Chair decided that he would hold to his decision until he should 
be convinced of error; he would further consider upon it and 
give his views upon it hereafter.—Eapress, Oct. 20, 1846. 


Mr. Dennis moved that the use of this hall be granted to Henry 
Barnard, for the purpose of delivering a lecture on the subject of 
common schools and education on this and tomorrow evening, which was 
agreed to. 


The Chair read a communication from Mr. Tweedy, member 
from Milwaukee, requesting the use of the convention chamber 
this evening for a lecture on education to be delivered by Mr. 
Barnard, superintendent of common schools of Rhode Island, 
which, on motion of Mr. Dennis, was granted.—E xpress, Oct. 
20, 1846. 


The following resolution was then taken up and adopted, to wit: 
“‘Resolved, That the treasurer of the territory be and he is hereby re- 
quested to report to this convention what amount of moneys has 
been realized by the sale of canal lands, whether such amount has been 
received by him, or how much thereof has been received by him, by 
virtue of a resolution in relation to canal funds approved February 3, 
1846, what disposition he has made of the amount received by him, in 
whose hands any amount not received by him now is, and how much 
there is in his hands subject to the order or control of this convention.”’ 

The resolution proposing amendments to the twelfth rule was then 
taken up and adopted. 

Moses M. Strong then moved that the convention do now resolve it- 
self into committee of the whole for the further consideration of No. 
1, ‘‘Article relative to banks and banking,’’ and the minority report 
thereon, which was decided in the affirmative. The convention then re- 
solved itself into committee of the whole on said articles, Mr. Agry in 
the chair. And after some time spent therein the committee rose and 
reported progress on said articles and asked leave to sit again thereon. 
Leave was granted. 


1846] THE CONSTITUTION OF 1846 137 


Marshall M. Strong moved the convention go into committee 
of the whole on banks and banking. 

Mr. Judd claimed that his motion to take up Mr. Dennis’ 
resolution was in order, and the resolution was taken up and 
read. 

Mr. Ryan moved to amend the resolution by adding the words 
‘and inquire of the secretary what amount has been received 
from sales of canal lands, and not come into his hands.’’ He 
had heard that a considerable sum had been realized from the 
sale of these lands which had not been paid over to the secre- 
tary. The amendment was accepted, and the resolution as 
amended carried. 

Mr. Burnside’s resolution calling for the ayes and noes on 
each article of the constitution on the final vote was taken up, 
and after some discussion between Messrs. Burnside, Baker, 
and Ryan it was carried. 

Moses M. Strong moved the convention go into committee 
of the whole. 

The Chair was of opinion that a motion to suspend the rules 
was necessary. 

Mr. Strong was of a contrary opinion, that no suspension of 
the rules was involved, nor a motion necessary. He said the 
unfinished business was in order, and that which had pro- 
gressed farthest should be first taken up; it was the only un- 
finished business before the convention, as the resolutions had 
not been acted upon at all, whereas much time had already 
been spent in committee of the whole on banks and banking. 
The convention was involving itself in inextricable confusion. 

Marshall M. Strong thought this was not an error of the 
Chair, but rather of the secretary, who should arrange the or- 
der of business; the business which had farthest progressed 
should come up first. The Chair was wrong in his decision 
that there was no order in the unfinished business, which 
would allow the first member who got upon his legs to press 
his business first, no matter how recently it may have been in- 
troduced, to the exclusion of that which had long been before 
the convention. He opposed the decision of the Chair. 


138 WISCONSIN HISTORICAL COLLECTIONS {[_ oct. 14 


Mr. Giddings thought the unfinished business of the commit- 
tee of the whole could not properly be considered the unfinished 
business of the convention. 

Mr. Ryan also took part in this discussion and consumed 
some time in supporting the views of his faction, opposing the 
decision of the Chair. When he took his seat, General Craw- 
ford remarked that he had heard a remark at the outset of our 
proceedings, when discussing the rules, ‘‘that a man should 
not talk any longer than he had anything to say.’? He was 
sorry the rule had not been adopted. 

W. R. Smith said he should vote against the decision of the 
Chair. 

The motion to go into committee of the whole was put and 
carried. 

Mr. Agry was called to the chair, and the convention went 
into committee of the whole on reports and amendments thereto 
on the subject of banks and banking. 

The question was on the amendment offered by Mr. Hicks 
to the substitute of W. R. Smith. 

Mr. J. Y. Smith was reluctant in rising to detain the commit- 
tee a few moments. The debate had been greatly prolonged, 
and gentlemen were getting anxious for the question. He con- 
sidered this question a great one, more so than any other which 
would come up for the consideration of the convention. He 
was of opinion that the people of Wisconsin lose more every 
year by bank issues than would support a state government 
for the same time. This question was in his humble opinion 
but little understood by the people of the United States gener- 
ally; it was a question which called for much deliberation—for 
great and philosophical consideration; and money could not 
be better spent than in discussing it fully in this committee. 
He was in favor of the amendment offered by the member from 
Grant to the substitute of the member from Iowa and would 
therefore vote for it; but if it was carried he would vote for 
the substitute as amended because he liked the original report 
better than either (vide Ryan, Strong & Co.). 

Mr. S. went into quite a profound essay upon the relative 
value of gold and silver; their peculiar fitness for a circulating 


1846] THE CONSTITUTION OF 1846 139 


medium; possessing so little liability to fluctuate in value, etc., 
ete. His essay upon this subject was a conglomeration of the 
articles which he has put forth time and again through the 
columns of his paper, and which, as they were not particularly 
applicable to the question before the committee, we shall pay 
as little attention to as did the many empty seats in the house, 
and refer our readers to the aforesaid paper for an outline of 
them. In the course of his remarks Mr. S. lifted the curtain 
to give his hearers a view of the system of banking as far back 
as when the mighty contest commenced against the great and 
frightful monster, the United States Bank, when this great 
question was contended whether we have a paper circulating 
medium. He looked back to the day when Andrew Jackson 
shook his stout hickory shillalah at the monster; since which 
time this great question has been agitated, paper or gold. This 
great principle was repeatedly placed before the people and 
made the question upon which several presidential elections 
have turned. The question had been put to the people whether 
we should have banks, and they invariably and emphatically 
answered, ‘‘No!’’ He considered the only reason for this ex- 
tensive circulation of foreign paper money among us was the 
necessity existing of some currency, and in the absence of gold 
and silver the people were obliged to keep this paper circula- 
ting. Butif a law was passed making it a crime to pass foreign 
paper money, it would be driven from among us, as it had been 
done in the western section of the territory. Mr. 8. said much 
more, but as we were decidedly of opinion that the remarks 
were more intended for his constituents in the gallery than for 
the convention, we paid no particular regard to them. His 
resuscitating the old feud between General Jackson and the 
United States Bank brought out Mr. Gibson, who premised by 
saying that he did not rise to detain the committee with a 
speech, nor to change the hold of any member upon any par- 
ticular measure. He had heard a great deal of discussion upon 
this question for the last two days and wished to speak his 
views upon the subject. He would first state his reasons for 
offering his report as minority of the committee. He did not 
nor did he believe there was a member of the convention who 


mins 


140 WISCONSIN HISTORICAL COLLECTIONS [ Oct. 14 


held the opinion that the incorporation of any banking institu- 
tion in the territory was expedient at the present time. But 
who would presume to say that the future wants of the people 
will not require a bank? That in some future time the estab- 
lishment of a bank may not become necessary to the business 
of our rapidly growing state? The time was not far distant, 
he said, when Wisconsin would take rank among the first 
states of the West! Her population was increasing rapidly, 
and if they should continue to increase in the same propor- 
tion, how long will it be before Wisconsin may become the great 
dazzling luminary of this western horizon? We are a great 
agricultural state and are obliged to compete with all west- 
ern states for a market for the products of our soil. Suppose 
we discard now and forever all paper circulation, by inserting 
a clause in this constitution to that effect—how could our farm- 
ers dispose of the products of their farms? Was it to be sup- 
posed that purchasers would be at all likely to come here to 
buy when they can do so with greater facility elsewhere, and 
that probably nearer at home? And would it not be a much 
easier way for them to purchase in the neighboring states, with 
good bank bills, than to come here with their kegs of specie? 
He thought it would, and their trade be drawn off to another 
quarter if this measure prevailed. 

He was disposed to leave this matter to the people; he had 
confidence in them and the future legislatures; he did not fear 
the integrity of two-thirds of our legislature being overcome 
by monopolists. The ‘‘hards,’’ as they call themselves, are 
anxious to thrust this measure through now, because, forsooth, 
as they aver, they know this convention to be ‘‘hard,’’ and are 
fearful of some future legislature being ‘‘soft,’’ and they would 
never again be able to do it. Was this Democratic—to mistrust 
the people in all future time? To effectually close the door 
against their future action in the matter, however much they 
might desire it? It did not sound much like Whig principle, and 
he thought it must therefore be called Democratic. This con- 
vention might legislate till doomsday, and still the people would 
act as they chose in regard to this matter of circulating paper 
money from other states. If there were any paper money in 


1846] THE CONSTITUTION OF 1846 141 


circulation, he believed the people would prefer that it should 
be of Wisconsin banks than those of other states. If there were 
two sorts of paper money in circulation East, the good and 
bad, the bad was certain to find its way out here, while the good 
-was kept at home. It frequently passed from hand to hand for 
some time before its character was discovered, as it was not 
every man who carried a bank note list in his hat or in his head, 
to distinguish between the good and the bad. Indeed, it some- 
times happened that with such advantages even it was impos- 
sible to discover the difference. And while upon this subject he 
would say that it is equally difficult to distinguish between 
the real and the bogus of the ‘‘harder’”’ circulating medium. 
But if we had a bank established in our own territory under 
good and wholesome restrictions we could depend upon it as 
good, as its operations would be carried on before our own 
eyes. He had one word to say in regard to the remark of the 
gentleman from Dane (Mr. J. Y. Smith) and which was the 
cause of his rising at this moment. That gentleman in the ex- 
tended scope of his imagination reduced money, labor, and 
everything else; and, not satisfied with that, had annihilated 
every vestige of paper money throughout the whole United 
States. He thought the gentleman should have borne in mind 
the old proverb—‘‘Those who live in glass houses should not 
throw stones’’—in his argument. He had said the great divid- 
ing line between the Whig and Democratic parties was the bank 
question, and he would ask how long that-has existed. The 
United States Bank, which the gentleman had prated so much 
about, is well known to have been chartered by a Democratic ad- 
ministration. It is equally as well known that Martin Van 
Buren was zealous in his endeavors to have a branch of this 
same monster located in Albany under his own immediate su- 
pervision. And it was still better known that George M. Dallas 
in the bitterness of his opposition to General Jackson’s veto of 
the charter of the United States Bank attempted to urge it 
through the Senate by a two-third’s vote! And yet these men 
were considered pretty good Democrats. He thought these 
banks were always Democratic measures until they found they 
could make nothing more of them, and then they turned and 


eit 


142 WISCONSIN HISTORICAL COLLECTIONS [ oct. 14 


barked at them as ruinous to the interests of the dear people. 
How was it in the state of New York, where in a convention 
most emphatically Democratic they had authorized the banking 
system? And did the Wisconsin Democrats disown the Demo- 
crats of New York as brothers of their political creed and set 
themselves up as the only pure and immaculate Democrats of 
the land? He should like to know where the dividing line was 
drawn in this case. The Democracy of the present day was 
something exceedingly difficult of comprehension; it was all 
things to all men—all expediency. | 

Mr. Noggle next took the floor and occupied the attention of 
the committee until the usual hour for a recess. He was in 
favor of inserting penalties in this provision of the constitu- 
tion and of prohibiting the circulation of all paper money in 
the state after a certain length of time. 

Upon his taking his seat, a motion was made to rise and re- 
port progress, which was put and carried, and the committee 
rose.—E xpress, Oct. 20, 1846. 


Marshall M. Strong introduced the following resolution, which was 
read, to wit: ‘“Resolved, That the fourth standing rule be so amended 
that resolutions may be considered under the third order of business, 
Provided, however, That one hour only shall be occupied in the first 
three orders of business, and that under the fourth order of business the 
business which has most progressed shall be first taken up, and of that 
portion of the business which is in the same state of progress that which 
was first introduced shall be first taken up, and it shall be the duty of 
the president to put all questions arising in regular order without any 
. Special motion therefor, and that all motions to lay any question on the 
table and all motions in relation to the priority of business shall be de- 
cided without debate, and that all resolutions heretofore laid upon the 
table by the convention shall be taken up and placed in their regular 
order of business.’’ 

Mr. Judd moved that the fourth standing rule be suspended in order 
that said resolution may be now taken up and acted upon by the con- 
vention, which was decided in the affirmative. The said resolution was 
then adopted. 

Moses M. Strong moved that the convention adjourn to two o’clock 
P. M., which was decided in the affirmative. 


TWO O’CLOCK P. M. 


The convention resolved itself into the committee of the whole on 
article No. 1, ‘‘ [Article] relative to banks and banking,’’ and the minor- 


1846] THE CONSTITUTION OF 1846 143 


ity report thereon, Mr. Agry in the chair. And after some time spent 
therein the committee rose and reported progress thereon and asked 
leave to sit again. Leave was granted. 

On motion of Mr. Whiteside the convention adjourned. 


Under the new rule the first order of business was the von- 
sideration of the reports of the committee on banks and bank- 
ing in committee of the whole, and Mr. Agry was called to the 
chair. 

Mr. Elmore said he was a progressive Whig; this business 
had already progressed far enough, and he wanted to vote. He 
believed every gentleman came here with his mind made up on 
the subject of banking and was ready to vote upon it. He was 
a ‘‘hard’’ and would go for the most effectual mode of pre- 
venting banking operations or the circulation of paper money. 

Mr. Randall then took the floor against the penalty clauses 
and the prohibition of foreign paper money. He believed the 
first to be unconstitutional and the latter against the wishes 
of the people. 

Mr. Elmore made some further remarks, and Mr. Burnett 
rose, who went against the amendment of Mr. Hicks and the 
report of the majority of the committee. The amendment of- 
fered by Mr. Baker met his views and would receive his sup- 
port. 

Mr. George B. Smith took advantage of a slight lull in the 
discussion to get even with his colleague from Dane, by treat- 
ing his constituents in the gallery with a lengthened and elab- 
orate discourse, showing how peculiarly his wonderful powers 
of debate fitted him for a future legislator or representative. 
In the course of his remarks he gave quite an interesting his- 
tory of the rise and progress of ‘‘that letter,’’? which no doubt 
operated wonderfully upon his delighted constituency in the 
gallery. 

Marshall M. Strong moved that the committee rise and re- 
port progress, which motion prevailed, and the committee rose 
and obtained leave to sit again. 

The convention then adjourned.—Ezpress, Oct. 20, 1846. 


144 WISCONSIN HISTORICAL COLLECTIONS {[ oct. 15 


THuRSDAY, OctToBEr 15, 1846 


Prayer by the Rev. Mr. McHugh. 

The journal of yesterday [was] read and corrected. 

Mr. Kellogg moved that Mr. Henry Barnard be invited to take a seat 
within this hall during his stay in this place, which was agreed to. 

The resolution in relation to electing an additional secretary was 
taken up, when Mr. Dennis moved that it be laid on the table, which was 
agreed to. 

Mr. Magone moved that John H. Tweedy, a member of this conven- 
tion from the county of Milwaukee, be admitted to his seat, which was 
agreed to. 

Mr. Baker offered the following resolution, which was read, to wit: 
“‘Resolved, That there shall be paid to the printers at Madison, who 
furnish newspapers to the members of this convention under the resolu- 
tion adopted by the convention, six cents apiece for such papers, and for 
reporting and publishing therein the proceedings of this convention.’’ 

The resolution relative to the adjournment of this convention was 
then taken up, when Moses M. Strong moved to strike out of said res- 
olution the words ‘‘Monday, the twenty-sixth of October,’’ which was 
agreed to. Moses M. Strong then moved to fill the blank with the 
words, ‘‘Monday, the second day of November.’’ Mr. Kellogg moved 
to lay said resolution on the table. Moses M. Strong called for the ayes 
and noes, which were not ordered. And the question having been put 
on laying said resolution on the table, it was decided in the affirmative. 


Moses M. Strong’s resolution to adjourn in three weeks from 
the commencement of the session was taken up. Mr. Strong 
remarked that the convention had been so dilatory so far that 
he had abandoned all hope of their being able to close their 
labors at so early a day as that named in the resolution, but 
he thought it absolutely necessary to appoint some day for ad- 
journing. 

Mr. Kellogg moved that the convention adjourn when they 
get through their business. He did not believe it possible 
to determine on what precise day the convention could conclude 
their sitting, and he was averse to naming any particular time; 
he thought that when the convention did get through they 
would adjourn and go home. | 

The resolution was laid on the table indefinitely —Express, 
Oct. 20, 1846. 


1846] THE CONSTITUTION OF 1846 145 


The resolution relative to printing 150 copies of the late census was 
then taken up and adopted. 

The resolution relative to taking life by hanging or otherwise was 
then taken up, when Warren Chase moved that said resolution be re- 
ferred to the committee on miscellaneous provisions not embraced in the 
subject committed to other committees, which was agreed to. 

The resolution offered by N. F. Hyer calling upon clerks of the sev- 
eral courts of the territory for certain information was taken up, when 
Mr. Doty offered the following amendment, which was accepted by Mr. 
Hyer, to wit: ‘‘And that the secretary of this convention transmit to 
each of the clerks of the district courts a copy of this resolution.’’ 

A. Hyatt Smith offered the following amendment, to wit: ‘‘ And that 
such information be furnished without charge to the territory or state 
of Wisconsin.’’ And the question having been put on said amendment, 
it was decided in the negative. 

Moses M. Strong offered the following amendment, to wit: ‘‘And 
that the said clerks be paid a reasonable compensation therefor,’’ which 
was adopted. And a division having been called for, there were 43 in 
the affirmative and 38 in the negative. 

Moses M. Strong offered the following amendment, to wit: ‘‘And 
that said clerks also furnish a statement of the number of criminal 
prosecutions and the number of convictions and the number of acquit- 
tals and the number of nolle prosequi’s and the costs in criminal cases,’’ 
which amendment was accepted by Mr. Hyer as a modification to the 
resolution. 

The hour for considering resolutions having expired, Mr. Magone 
nioved that all rules preventing the further consideration of the reso- 
lution now be suspended, which was agreed to. And a division having 
been called for, there were 82 in the affirmative and 2 in the negative. 

Mr. Elmore moved to amend the resolution by striking out the words 
““nolle prosequi’’ in said resolution. 

Mr. Gray demanded the previous question, on which demand a di- 
vision was called for. And there were 66 in the affirmative and 13 in 
the negative. 

The question was then put, ‘‘Shall the main question be now put?’’ 
and was decided in the affirmative. And a division having been called 
for, there were 69 in the affirmative, negative not counted. 

The question was then put on the adoption of said resolution as 
amended, and was decided in the affirmative. And the ayes and noes 
having been called for, those who voted in the affirmative were [affirm- 
ative 97, negative 12; for the vote see Appendix I, roll call 6]. 


The resolution calling upon the clerks of the courts of three 
several counties for information was next in order, when Mr. 
N. F. Hyer said a resolution he had offered some days since, 
which covered this resolution, should have precedence. 

The resolution was called up, and he supported it at some 


length. 
10 


146 WISCONSIN HISTORICAL COLLECTIONS {| oct. 15 


Mr. Beall advocated the resolution. 

Mr. Kellogg wished to know how they were to obtain this in- 
formation and what expense the convention would be to for 
the same. 

Mr. N. F. Hyer supposed it would be only the postage neces- 
sary to send to the different officers. He thought the officers 
would be willing to furnish the desired information without 
charge. 

Mr. Kellogg had learned that it was not the highest salaried 
officers that were the most willing to work for nothing. He 
hoped some guards would be thrown around this before it was 
adopted. 

Mr. Judd thought it was a mere request, and the idea of ex- 
pense had not occurred to him. He was not unacquainted with 
such matters in other states, and he had never heard of such 
a thing as a charge for such information. If the officers chose 
to comply, they could, or not, as they pleased. 

The debate was continued by Messrs. N. F. Hyer, Chase, 
Lovell, Tweedy, A. Hyatt Smith, Ryan, Strong of Iowa, and El- 
more. Several amendments were offered, some of which were 
adopted, and others lost. The amendments added the follow- 
ing to the resolution as before published: ‘‘And that said 
clerks also furnish a statement of the number of criminal pros- 
ecutions, the number of convictions, the number of acquittals, 
and the number of nolle prosequi’s, and the cost in criminal 
cases; and that the said clerks be paid a reasonable compensa- 
tion therefor; and that the secretary of the convention trans- 
mit to each of the clerks of the district courts a copy of this res- 
olution.—Democrat, Oct. 17, 1846. 


Mr. N. F. Hyer’s resolution calling upon the clerks of 
courts for information as to the number of suits commenced, 
suits disposed of, and costs collected in their respective courts 
was taken up. 

Mr. Kellogg wanted to know how the information was to be 
obtained. If it involved any expense to the territory, he would 
oppose it; but if not, he would not object to it. He thought the 
clerks should be plainly told that they were to receive no com- 


1846] THE CONSTITUTION OF 1846 147 


pensation, and then there would be no difficulty about it, as 
those who were disposed to furnish the information gratui- 
tously would so, and those who were not would refuse. 

The utility and practicability of this measure were discussed 
at considerable length by Messrs. Kellogg, Judd, Chase, Lovell, 
and others, and after being amended by Messrs. Doty and 
Moses M. Strong it was carried, ayes 97, noes 12—Ezpress, 
Oct. 20, 1846. 


The convention then resolved itself into the committee of the whole 
for the consideration of No. 1, ‘‘ Article relative to banks and banking,”’ 
and the minority report thereon, Mr. Agry in the chair. And after 
some time spent therein the committee rose and reported that they had 
had said article under consideration and had made progress thereon, 
and asked leave to sit again. Leave was granted. 

Mr. Magone moved that the convention adjourn until two o’eclock, 
P. M., which was agreed to. 


The convention went into committee of the whole, Mr. Agry 
in the chair, on banks and banking. 


BANKS AND BANKING 


Mr. Hicks obtained leave so to modify his amendment as to 
read as follows: ‘‘Strike out all after the first section and in- 
sert: 

‘Section —. The legislature shall have no power to confer 
in any manner or form upon any person or persons, corpora- 
tion, or institution of any kind any banking power or privilege; 
nor any power or authority in any manner or form to make, 
sign, or issue within this state any paper money, bank note, 
bill, order, check, certificate of deposit, or any other evidence of 
debt intended to circulate as money. 

**“Section—. No person, or persons, corporation, or institu- 
tion of any kind shall ever make, sign, issue, pay, give, or re- 
ceive in payment any paper money, bank note, promissory note, 
certificate of deposit, or other evidences of debt intended to cir- 
culate as money, which shall purport to have been issued either 
within or out of this state.’ ’’ 


148 WISCONSIN HISTORICAL COLLECTIONS |, oct. 15 


The discussion of yesterday was continued between Messrs. 
Chase, Hunkins, Hiram Barber, Ryan, Dennis, Steele, and 
Hicks. 

Mr. Burchard claimed the same privilege as the other gentle- 
man who had preceded him to make a few remarks upon this 
question. In the first place he would state that he could not 
vote for the majority report, the amendment of the gentleman 
from Iowa, nor the amendment to the amendment offered by 
the gentleman from Grant; neither could he support the minor- 
ity report. He would explain by frankly avowing himself a 
bank man, and in favor of a well regulated banking system. A 
wrong impression had been thrown out here, and he felt it in- 
cumbent upon himself to set this matter right. The gentleman 
from Dane (J. Y. Smith) had asserted that banks and banking 
were Whig measures—that the Democracy wiped their hands 
of the whole system. The gentleman had gone back three or 
four presidential elections to find where the lines were drawn 
of bank and no-bank parties. He did not view the matter in 
this light, and it was due to him and the Whig party to deny 
the statement in toto, and he would endeavor to make it appear 
that the banking system originated with the Democratic party 
and is now supported by them; the most prominent Democrats 
in the ranks were in favor of banks. In the state of New York 
there are over two hundred banking institutions! And he 
would inquire who created them? Did the Whigs create these 
banks? No! He asserted without the least fear of contradic- 
tion that nine-tenths of them were chartered by Democratic 
legislatures, and that nine-tenths of the stock of these banks 
went into the hands of good Democrats, and if it had since come 
into the possession of Whigs, it had been by right of purchase 
from these antibank Democrats. Much had been said during 
this discussion of the wildcat system of banking in Michigan, 
and he would ask who created them? The gentleman was not 
aware whom the wicked Whigs bought up, when he said this 
was a Whig measure. He did not know, probably, that these 
banks were chartered by a Democratic legislature. Much had 
also been said about the banking system in our own territory, 
in connection with this question. He proposed to look into the 


1846] THE CONSTITUTION OF 1846 149 


banking system in Wisconsin and see who brought it into ex- 
istence—who were its fathers! Who was the father of the Min- 
er’s Bank of Dubuque? Its charter was signed and approved 
by Henry Dodge? (Moses M. Strong interrupted him by say- 
ing it passed the legislature by a two-third’s vote.) If he was 
opposed to banks why did he not veto it? He read an aci 
to incorporate the Fox River Hydraulic Company, signed by 
“Henry Dodge,’’ approved December 3, 1836. An act to 
incorporate the Bank of Mineral Point, approved December 2, 
1836, signed, ‘‘H. Dodge.’? An act to incorporate the Bank of 
Milwaukee, approved November 30, 1836, signed by ‘‘H. 
Dodge.’’? An act to incorporate the Bank of Wisconsin, ap- 
proved December 20, 1836, signed, ‘‘H. Dodge.’’ An act to 
amend an act to incorporate the Fox River Hydraulic Com- 
pany. An act to incorporate the stockholders of the Bank of 
Wisconsin at Prairie du Chien, approved J anuary 17, 1838, 
signed by ‘‘H. Dodge.’’ An act to incorporate the State Bank 
of Wisconsin, approved February 25, 1839, signed, ‘‘H. 
Dodge.’’ At the session commencing December 1837, there 
were twenty-three acts of incorporation granting exclusive 
privileges passed, besides eight laws granting the exclusive 
right to ferry; at the special session commencing June 11, 1838 
two acts of incorporation; at the session commencing Decem- 
ber, 1838, nineteen acts of incorporation — all approved by ‘‘H. 
Dodge.’? Governor Dodge also approved acts to ‘‘borrow 
money, pledging the faith of the territory,’’ to pay the expenses 
of the legislature, in the years 1836, 1837, and 1838. The people 
had been and are now being taxed to pay portions of these 
loans. Henry Dodge was considered a good Democrat even at 
the present day, and could he be called an antibank man? He 
would appeal to the gentleman from Dane which was the bank 
party in Wisconsin? A great deal has been said on both sides 
of the house about ‘‘hards’’ and **softs,’’ ‘‘erawfish’’ and 
“‘tadpoles.’? He supposed these terms meant something, but 
he did not understand their meaning. He had inquired their 
meaning out of the house, and been told they applied to cer- 
tain men who were Democrats. He would like to know where 
this new light came from? The great Democrat champion of 


150 WISCONSIN HISTORICAL COLLECTIONS {[ Oct. 15 


the territory had sounded the tocsin, and he, in 1839, was a 
bank man; where did this new light come from? When did 
the great change come over the party? If we believed anything, 
we must admit that the Democrats were bank men. It had been 
asserted that he could not find a bank man among the Demo- 
erats! They were all ‘‘hard,’’ and some of them ‘‘very hard,’’ 
as the gentleman from Dane would have us believe. He hoped 
to make it appear otherwise, however, and quoted the follow- 
ing sentiments of distinguished Democrats to support his po- 
sition: 

“‘T have waived my own objections to a bank, and the proof 
that I did so lies in the fact that I suffered the bank that existed 
in my administration to extend its branches and multiply its 
offices. THos. JEFFERSON.”’ 

“‘T also surrender my creed to the determination of the 
Supreme Court, and the acquiescence of the country. 

James Maptson.”’ 

‘‘That a bank of the United States, competent to perform all 
the duties required, may be so organized as not to infringe on 
our own delegated powers, or the reserved rights of the states, 
I do not entertain a doubt. Had the executive been called upon 
to furnish the project of such an institution, the duty would 
have been cheerfully performed. ANDREW JACKSON.”> 

**T might say with truth that the bank owes as much to me 
as any other individual in the country; and I might even add 
that had it not been for my efforts, it would not have been char- 
tered. Joun C. CaLHoun.”’ 

“‘Of the constitutional power of the national government to 
create a bank, I did not then, nor do I now entertain a doubt. 
Of the ability of Congress to create such a bank as would be a 
safe machine of finance and serviceable agent in preserving a 
sound currency, I then was as I am still convinced. 

Grorce M. Datuas.”’ 

J. T. Leath and others put the following interrogatories to 
Mr. Polk, viz: ‘‘1. Are you in favor of a mixed currency of 
paper money and the precious metals? 2. If so, from what 
source should paper money emanate—from the state govern- 
ment or general government.?”’ 


1846] THE CONSTITUTION OF 1846 151 


**T answer, that I amin favor of such acurrency. The states, 
having exercised the power of chartering banks of issue from 
an early period of the government, and with the general acqui- 
escence of the people, all must expect and concede that there 
must and will continue to be state bank paper circulation, 
whether a national bank exists or not. J am therefore in favor 
of a currency to consist of the precious metals and the paper 
of specie paying state banks, convertible on demand, into specie. 

James K. Poux.”’ 

Marshall M. Strong rose to a question of order, whether it 
was in order to read from written documents during the pend- 
ing of a debate. 

Mr. Burchard continued reading and did not yield the floor. 
He said he had not risen to detain the convention by a speech, 
but to correct a wrong impression thrown out by the member 
from Dane, that the leaders of the Democratic party had always 
been opposed to banks and banking. Andrew Jackson had no 
objection to a United States bank and thought it would be a 
good and useful institution if he could have a hand in fram- 
ing its charter, but when he thought his dignity had not been 
sufficiently reverenced by not allowing him to meddle in the 
matter he had hurled his veto at it and annihilated it. But he 
would come down to men who now live and are looked up to 
as leaders of the Democratic party and would ask the member 
from Dane if John C. Calhoun, Martin Van Buren, James K. 
Polk, and George M. Dallas were to be considered leaders, or 
should be placed in the rank and file of the party? He thought 
the President was looked up to as the very head and front of 
the party. He only wished to set the gentleman from Dane 
right in this matter—to place the saddle on the right horse. He 
came here as a Whig and would defend so far as able the prin- 
ciples of the party with which he was identified. 

Mr. Moore made some remarks, when the question on the 
adoption of Mr. Hicks’ amendment was put and lost. 

Mr. Baker then offered the following as a substitute for the 
amendment of W. R. Smith: 

‘Section 2. The legislature shall have no power to create, 
authorize, or incorporate any bank or other institution or cor- 
poration having any banking power or privilege whatever. 


152 WISCONSIN HISTORICAL COLLECTIONS [ Oct. 15 


‘Section 3. The legislature shall have no power to confer 
upon any person or persons, corporation, or institution, any 
banking power or privilege whatever. 

**Section 4. The legislature shall at its first session after 
the adoption of this constitution prohibit, by law, under severe 
penalties, individuals and corporations, and the officers and 
agents of corporations from issuing bills, checks, drafts, cer- 
tificates of deposit, promissory notes, or other paper intended 
to circulate as money. 

‘*Section 5. The legislature shall, at its first session after 
the adoption of this constitution, also prohibit by law, under 
severe penalties, all corporations, the officers and agents doing 
the business of buying and selling bills of exchange, receiving 
deposits of money, making discounts, or exercising any other 
banking powers or privileges.”’ 

Mr. Baker explained his reasons for offering his substitute 
at some length. 

W. R. Smith took the floor in support of his amendment. He 
showed up the moves of the Retrogressives from the opening of 
the session to the present time—from when the member from 
Racine had endeavored to define the usage of caucus to ‘‘cork 
us’’—the calling for the ayes and nays on the question of print- 
ing 2,000 copies of a report of one of the committees, which his 
colleague avowed was for the purpose of distinguishing the 
Young and Old Democracy and the Crawfish. Next the report 
of the committee on banks and banking, when all who did not 
choose to support the proposition with all its crudities and im- 
perfections were called bank men, and ‘‘hards’’ and ‘‘softs’’ 
were thrown around the room like small shot, to see who would 
be hurt. Mr. S. alluded to the change which had come over 
Marshall M. Strong, since he so strongly favored the banking 
system in the columns of the Racine Advocate (Mr. Strong ex- 
plained that it was done by a journeyman in the office, without 
his knowledge) of which he was the ostensible editor. He also 
spoke of the recent great change in the political creed of Mr. 
Bevans; he thought on this earth there ought to be great rejoic- 
ing over a sinner who repented of his political sins, and was 
therefore glad to hail the gentleman as a new disciple of ‘the 
ereed he had adopted. 


1846] THE CONSTITUTION OF 1846 153 


Some gentlemen had said there was a desire in his amend- 
ment, some hidden intention to favor private banking. These 
gentlemen surely cannot read, or if they can read, are unable to 
comprehend, and he thought it a hard matter that he should be 
expected to find words and comprehension both. The prohibi- 
tion was strong enough in the fourth section of the amendment, 
which strictly prohibits the legislature from authorizing or 
countenancing private banking. 

The convention then adjourned to two o’clock—Ezpress, 
Oct. 20, 1846. 


BANKS AND BANKING 
(Speech of Gen. Wm. R. Smith, in committee of the whole, October 15, 1846) 


Mr. Presipent: At length we are approaching land, and I 
shall soon assist in bringing our boat to the shore, heavily laden 
as it is with the propositions, amendments, and discussions 
of many days’ debate. 

I am pleased to say that the committee, as well as myself, 
will be relieved from a long speech on the merits and demerits 
of the article as reported by the chairman of the committee on 
banks, together with the substitute as offered by me, and the 
proposed amendments to both. The remarks of my friend from 
Grant (General Burnett), who yesterday appeared for the first 
time in his seat, have so fully and ably placed all the proposi- 
tions in their proper light and position that any further ob- 
servations from me have been rendered unnecessary. He came 
here fresh and with his sound mind unburdened with our vari- 
ous discussions, and he has taken up the whole matter with such 
ability that I could not add weight to his argument, and I would 
not lessen its effect by any remarks of my own. 

But still a remnant has been saved for me, and I shall take 
this occasion to return some trifles which have been so gratui- 
tously lent to me by several gentlemen who have participated 
in this debate. The debt I seek to pay is to the two gentlemen 
from Racine (Messrs. Ryan and Strong), the gentleman from 
Rock, before me (Mr. A. Hyatt Smith), the gentleman from 


154 WISCONSIN HISTORICAL COLLECTIONS {[ oct.15 


Grant, on my right (Mr. Bevans), the gentleman from Dane 
(Mr. John Y. Smith), and my colleague (Mr. Strong) whom I 
do not see in his seat. (Mr. Strong called from another part of 
the house that he was present.) 

Our long discussion has arisen out of the abundant benevo- 
lence of the gentleman from Racine (Mr. Ryan) in giving us 
something to do. How did the report come into the convention? 
A committee was appointed in the evening of one day, and the 
next morning a report is presented, which, according to the gen- 
tleman’s own statement, was drawn up by himself, shown to his 
fellow members of the committee, dissented from by one, not 
deliberated on in committee, but merely out of his beneficence 
to give the convention something to do he makes the report with 
all its crudities and imperfections, which are thus readily ac- 
counted for, and he has gained his desire, for truly we have had 
enough to do. 

Sir, when we came here, we counted more than one hundred 
Democrats in the convention. We had more than eighty on the 
first day—Democrats prepared to go to their work—ready for 
the muster of rank and file—but in the estimation of some 
would-be leaders the muster alone was not sufficient—they 
must also have a drum for the company, and he was no Demo- 
crat who did not at the sound of the drum march up to the hal- 
berd of the drill sergeants. 

Who first beat the drum and sounded the alarm? The gen- 
tleman from Racine (Mr. Ryan). We were told that we could 
not go into an election for president until the Democratic drill 
was had—that is, that we could not trust ‘‘ourselves,’’ and 
those who then told us that we could not trust ‘‘ourselves’”’ are 
the very men who now say that ‘‘they are afraid to trust the 
people.’? Consequently a caucus was to be called. 

It is not unprofitable to look back some years. In 1807 
Stephen Roe Bradley, then a United States senator from Ver- 
mont, at the close of the session at Washington called a meet- 
ing of the Democratic members of both houses of Congress to 
hold a caucus, in order to select candidates for president and 
vice president of the United States. This was a deviation from 
the old mode of having those officers selected in the several 


1846] THE CONSTITUTION OF 1846 135 


states according to the constitution, and it produced an una- 
nimity of action which resulted in the election of the respected 
and venerated Madison. 

This was the first introduction of the term ‘‘caucus’’ in pol- 
itics, and I believe the first time it was thus used. Whatever 
be its derivation, the term in our day seems not only to have 
lost its original meaning, but also its mode of spelling—it now 
is compounded of two words, ‘‘cork us’’; that is—seal us up 
hermetically, ready to be unbottled and let out at the will of 
our file leaders. But I, for one, respond to no such action. I 
am not willing to be ‘‘used’’ when ‘‘wanted.’’ I act on my own 
responsibility and follow no drill sergeant. 

Who next sounds the drum? My colleague (Mr. Strong of 
Iowa). He beats his call on ‘‘Old Hunkers,’’ ‘‘ Young Democ- 
racy,’’ ‘‘Progressive Democracy,’’ and ‘‘Crawfishing,’’ and 
this on the small question of printing two thousand copies of a 
report,—I believe this the same bank report now before us. 

But when these primary matters had been disposed of, and 
the famous bill of pains and penalties, which was to give us 
something to do, was taken up in convention, I offered a sub- 
stitute. This did not suit the leaders. They complained that 
I did not cover all their ground—that I did not meet all their 
propositions! Wonderful cause of complaint, indeed! Sir, if 
I proposed a substitute or an amendment which met my own 
views, if I covered as much of their bill of pains and penalties 
as I chose to take in, it was my undoubted right to do so. Why 
should complaint be made? If I had embraced and embodied 
all the crudities and imperfections of the bank report in my 
substitute, it would have become identical with the bill of pains 
and penalties itself, and subject to the same objections. 

Sir, the drum is once more called into service; it is beaten 
long and loud—terms of ‘‘hard’”’ and ‘‘soft’’ are bandied 
about as numerous as small shot, in order, as I once before ob- 
served, to see who could be hit or hurt. But, sir, the call ap- 
peared to me unnecessary—the whole body of the Democracy 
who caused this convention to assemble had spoken—the mere 
question of bank or no bank, in the constitution, had long since 
been settled ; whether the legislature should or should not have 


156 WISCONSIN HISTORICAL COLLECTIONS f oct. 15 


the power to grant bank charters or banking privileges was a 
foregone conclusion—on this subject the Democracy were all 
united. It was unnecessary to beat their drum to rally Demo- 
crats on this question, unless there was an undercurrent in mo- 
tion which it had become necessary for all the well-drilled to 
follow, at the risk, on refusal, of being called a bank man. I 
believed this undercurrent to be in motion, and I saw the source 
whence it flowed, but I did not choose to follow its course or 
to be swept by it even at the risk of being called a bank man. 
I can afford to run that risk. 

But called so by whom, sir? By those who come here with 
their articles of a constitution ready, cut and dry, in their 
breeches pocket, which we must be drummed up to swallow— 
crudities, incongruities, imperfections and all—under the high 
pains and penalties of being shut out from worship at the tem- 
ple of the Magnus Apollo from Racine (Mr. Ryan), the great 
Sun of Democracy! 

Sir, there are many ministering priests in this temple who 
officiate at the tripod and assume to be the true interpreters of 
the Delphi[e] oracle. The two gentlemen from Racine—the 
gentleman from Grant so lately a convert to the true faith— 
the learned gentleman from Rock, my colleague, and the gentle- 
man from Dane who holds the high station of ‘‘promulgator’’ 
and ‘‘publisher’’ of all the oracles to the ignorant world. Now 
as to these officiating ministers, how long is it since many of 
them (except my colleague whose course I have known for 
near ten years) were in favor of banks? How long since they 
have become the exclusive guardians of all the antibankism of 
the Democratic party? 

Sir, I understand that it is only a very few years since cer- 
tain publications in favor of banks appeared in a newspaper of 
which the gentleman from Racine on my left (Strong) was os- 
tensibly the editor. 

(Mr. Ryan explained and said that it was false; he was not 
the author of them.) 

I do not allude to the gentleman from Racine on my right 
(Ryan). Ihave heard the gentleman from Racine (Ryan) deny 
this matter before—I am bound to believe him—I have said 


1846] THE CONSTITUTION OF 1846 157 


that the publications appeared in a Racine paper of which the 
gentleman on my left (Strong) was ostensibly the editor. 

(Mr. Strong rose to explain—he said he had no recollection 
of such articles while he was editor; if put in it was by the jour- 
neyman. ) 

I am bound to receive his explanation. But in referring to 
the gentleman from Grant (Mr. Bevans) I know that it is right 
and just that even on earth we should rejoice over one sinner 
that repenteth, and as he has joined our ranks, [ hail him as a 
convert to Democracy, but still I cannot help observing that 
within the little space of two years the gentleman has acted with 
the universal ‘‘Whig party’’ who have, as such, always been in 
favor of banks. 

(Mr. Bevans explained that he had not for some years been 
a bank man, but that he had acted with the Whig party from his 
youth, until perhaps a year or three years past.) 

How long is it since the gentleman from Dane has left the 
Whig party and joined the Democracy? 

(Mr. John Y. Smith said he had never ‘‘voted’’ a Whig 
ticket. ) 

I speak of his associates. Be it so, as to his ‘‘vote.”’ 

Now as to my colleague (Strong) ; what I am about to say is 
not to his disapprobation on this subject—as to what has al- 
ready passed between us perhaps I returned as much as I re- 
ceived. But I speak of times when we fought side by side against 
banks and in favor of the ‘‘hard.’’ Although we had a fierce 
combat to meet, yet we had many excellent coadjutors—men 
who did good service in the cause—we should not assume to be 
leaders on that account. And it may not be improper here to say 
that an indefatigable ally was to be found in Beriah Brown. He 
. traveled over the mining region in the lower part of our county 
on foot, stirring up the miners, and induced a meeting to be held 
at Hard Scrabble, of which he was secretary and reported the 
resolutions, by which the whole of the southern miners of our 
county of Iowa determined to receive nothing but gold and sil- 
ver for their mineral and lead. The impetus here given spread 
over the county, and my colleague most certainly in that im- 
portant contest fought nobly, valiantly, and victoriously. 


158 WISCONSIN HISTORICAL COLLECTIONS [| oct. 15 


(Mr. Strong said that the Mineral Point meeting was first.) 

I care not—first or last—we all fought together. 

Sir, we are here in this discussion tendered a false issue— 
as Democrats this false issue deserves to be reprobated by us. 
It is not an issue of bank or no bank—but it is an issue on the 
question of engrafting a bill of pains and penalties on our con- 
stitution or of leaving the enactment of penal statutes to their 
legitimate source, the legislature. 

The introduction of my substitute roused the ire of the ex- 
clusive file leaders. I was placed for a time in the situation of 
poor old Lear: 

The little dogs and all— 


Tray, Blanche, and Sweetheart, 
See, they bark at me! 


Sir, I might naturally expect opposition, but I also expected 
to meet with such opposition in the examination of my propo- 
sition fairly and to have its merits and its imperfections set 
forth properly in their respective positions of right and wrong. 
I have been mistaken. The gentleman from Rock before me 
(A. H. Smith) in all the astuteness of his legal wisdom and 
with all the keen vision of a deep searcher into affairs, not 
being able to find tangible defects in my substitute, spies out 
‘“intentions!’’ He cannot see what is plainly set forth in lan- 
guage not to be misunderstood in the substitute, but he actu- 
ally discovers what is out of it, and in loud and learned argu- 
ment attributes to me secret intentions of covering and pro- 
tecting private banking! The gentleman from Grant (Bey- 
ans) follows the Attorney General and does the same. 

Sir, I had supposed that when I declared my sentiments to 
this convention on the subject of banks—when I had reduced 
those sentiments to writing, in the shape of a substitute and 
amendment—when the distinct section which prohibits ex- 
pressly all private banking was printed and spread before the 
members of this committee, I should at least have escaped the 
accusation of having a concealed intent. (Mr. Smith here read 
the section prohibiting individuals, ete., from issuing notes.) 
Now this whole matter can scarcely be misunderstood by any 
candid mind. I know the gentlemen can write, but can they 


1846] THE CONSTITUTION OF 1846 159 


read? If they can, I do not believe they can comprehend, and 
' Tam not bound to find words and comprehension also. If lam 
wrong in regard to their acquirements, then their observations 
must proceed from want of courtesy; and sir, when courtesy 
does not exist, I cannot expect it; when it is not voluntarily 
conceded I never ask for it. But I do not envy either of the 
gentlemen their sentiments or their judgments; neither do I 
regret their expression of them. But I protest against the be- 
lief of the gentleman from Rock being uttered for the whole 
convention, as he has desired. 

(Mr. Bevans explained, and disclaimed any intention of dis- 
courtesy. ) 

Again, Mr. President, the gentleman from Rock, following 
up the great subtlety of the gentleman from Racine (Ryan) has 
discovered the impropriety of the use of two words, ‘‘create’’ 
and ‘‘possessing.’? They say, ‘‘ Whoever heard of the legisla- 
ture or the constitution creating an individual?’’ And ‘‘pos- 
sessing’’ is ungrammatical where it is used! My answer is 
briefly this: The word ‘‘create’’ is coupled with ‘‘incorpor- 
ate’’ and ‘‘authorize,’’ which may well apply to an individual, 
and, at all events, without descending to ribaldry. I have gen- 
erally understood that good constitutions could best create in- 
dividuals, and as the propositions were always open to amend- 
ment the mere verbiage in so trifling an objection was of no 
importance. As to the word ‘‘possessing’’—it could be well 
amended by the words ‘‘to possess.’? Such hypercritics were 
always sticking in the bark; they never went into the solid 
wood, the real substance. 

The gentlemen raise shadows, and like Don Quixote they 
mistake windmills for giants, and valiantly placing their lances 
at rest they run a tilt at them—TI shall leave them to their diver- 
sion. 

But, sir, as to the amendment—to the substitute as proposed 
by my friend from Walworth (Mr. Baker)—I am well satisfied 
with it, provided it embraces the several provisions and covers 
the substance of the substitute; as such I shall support it, be- 
cause I am only anxious to have the question taken on the real 
merits of the several matters on which the committee have dif- 


160 WISCONSIN HISTORICAL COLLECTIONS [ oct. 15 


fered. I am not ambitious of having my substitute adopted. 
I have broken the ground of resisting the adoption of the bill 
of pains and penalties, and the amendment of the original re- 
port in any proper manner, or the adoption of the substitute, 
or the amendments of the gentleman from Walworth shall all or 
either meet my approving vote, so as to get out of committee 
with our proceedings into convention, when we shall have an 
opportunity on all occasions of recording our names on all and 
every proposition offered. Mr. President, I have done; I hope 
the vote will immediately be taken.—Democrat, Oct. 24, 1846. 


TWO O’CLOCK, P. M. 


The convention resolved itself into the committee of the whole on ar- 
ticle No. 1, ‘‘ Article relative to banks and banking,’’ and the minority 
report thereon. And after some time spent therein the committee rose 
and reported the said article back to the convention with amendments. 

Mr. Ryan then moved to amend the report of the committee by strik- 
ing out all after the third section and inserting as follows: 


““{Section] 4. No person or persons, corporation, or institution 
whatever shall, under any pretence or authority whatever, in any man- 
ner or form whatever, make, sign, or issue within this state any paper 
money, or any bank note, promissory note, bill, order, check, certifi- 
cate of deposit, or other evidence of debt whatever, intended to circu- 
late as money; and any person or persons, or any officer or other agent 
of any corporation or institution so doing shall, upon conviction there- 
of, be fined in a sum not less than $10,000 and imprisoned in the peni- 
tentiary not less than five years. 

‘*{ Section] 5. No person or persons shall utter, pass, or pay, or give, 
offer, or receive in payment any paper money, or bank note, prom- 
issory note, bill, order, check, certificate of deposit, or other evidence of 
debt whatever, intended to circulate as money, which shall purport to 
have been issued in this state before or after the adoption of this con- 
stitution, by any person or persons, corporation, or institution what- 
ever, and any person or persons so doing shall upon conviction thereof 
be fined in a sum not less than five times the nominal amount so ut; 
tered, passed, or paid, or given or received in payment in each case. 

‘*TSection] 6. No corporation within this state shall exercise the 
business of receiving deposits of money, making discounts, or buying 
or selling bills of exchange; and any officer or other agent of any cor- 
poration so doing shall, upon conviction thereof, be fined in a sum not 
less than $5,000, and imprisoned not less than two years. 

““TSection] 7. No branch or agency of any bank or banking corpora- 
tion or institution of the United States or of any state or territory with- 
in the United States, or of any foreign country, or of any person or 


1846] THE CONSTITUTION OF 1846 161 


persons doing banking business without this state shall be established 
or maintained within this state, or shall issue [any] paper money, bank 
note, or other evidence of debt whatever intended to circulate as 
money, or receive deposits of money, make discounts, or buy or sell ex- 
change, or exercise any other banking power or privilege whatever in 
any manner or form within this state; and any officer of any such 
branch or other agent of any such bank, corporation, or institution, 
person or persons so doing shall, upon conviction thereof, be fined in 
a sum not less than $5,000 and imprisoned in the penitentiary not less 
than two years. 

“*[Section] 8. It shall be the duty of the legislature from time to 
time, as may be necessary, to pass all acts and acts requisite to enforce 
any provision of this article.”’ 


Mr. Ryan called for the ayes and noes on the adoption of said amend. 
ment, which was ordered. 

Mr. Judd moved a call of the house, which was ordered, and Messrs. 
Bowen, Fitzgerald, Mills, and Pierce were found absent. Mr. Dennis 
moved that Mr. Bowen be excused from his attendance in the conven- 
tion, which was agreed to. On motion of Mr. Magone, Mr. Fitzgerald 
was excused from his attendance in the convention. (On motion of Mr. 
Noggle, Mr. Mills was excused from his attendance in the convention. ) 
Mr. Judd moved that further proceedings under the call be dispensed 
with, which was agreed to. 

Mr. Doty called for a division of the question. And the question 
having been put on striking out all after the third section of the report 
of the committee of the whole, it was decided in the negative. And the 
ayes and noes having been called for and ordered, those who voted in 
the affirmative were [affirmative 34, negative 7 3; for the vote see Ap- 
pendix I, roll call 7]. 

Moses M. Strong moved to amend the report of the committee of the 
whole by adding the following as section 6, to wit: 


“Section 6. No person or persons, corporation, or institution what- 
ever shall, under any pretence or authority whatever, in any manner 
or form whatever, make, sign, or issue within this state any paper 
money, or any bank note, promissory note, bill, order, check, certificate 
of deposit, or other evidence of debt whatever intended to circulate as 
money, and any person or persons, or any officer or other agent of any 
corporation or institution so doing shall, upon conviction thereof, be 
fined in a sum not less than $10,000, and imprisoned in the peniten- 
tiary not less than five years.”’ 


And the question having been put on the adoption of the said amend- 
ment, it was decided in the negative. And the ayes and noes having 
been called for and ordered, those who voted in the affirmative were 
[affirmative 34, negative 72; for the vote see Appendix I, roll call 8]. 

Mr. Noggle moved to amend the report of the committee of the whole 
by adding to the fourth section as follows: 


ial 


162 WISCONSIN HISTORICAL COLLECTIONS [_ oct. 15: 


‘* And the legislature shall, at the first session after the adoption of 
this constitution, provide by law for the punishment in the state prison 
and by fine [of] any person or persons whatever, who shall violate any 
of the provisions before mentioned in this article.’ 


And the question having been put on the adoption of said amend- 
ment, it was decided in the negative. And the ayes and noes having 
been called for and ordered, those who voted in the affirmative were 
[affirmative 40, negative 63; for the vote see Appendix I, roll eall 9]. 

Mr. Ryan moved to amend the report of the committee by inserting 
the following additional section, to wit: 


‘*Section 6. No person or persons shall pass, pay, or give, offer, or 
receive in payment any paper money, bank note, promissory note, bill, 
check, order, certificate of deposit, or other evidence of debt what- 
ever intended to circulate as money, issued without this state, after 
the year 1847, of any denomination less than $10 nor, after the year 
1849, of any denomination less than $50.’’ 


And pending the question on the adoption of said amendment, Mr. 
Dennis moved a eall of the house, which was ordered, and Messrs. 
Burnside and Pierce reported absent, when, on motion, further pro- 
ceedings under the call were dispensed with. 

The question was then put on the adoption of the said amendment, 
and was decided in the affirmative. And the ayes and noes having been 
ealled for and ordered, those who voted in the affirmative were [affirm- 
ative 56, negative 49; for the vote see Appendix I, roll eall 10]. 

Mr. Beall then moved further to amend the report of the committee 
by inserting the following as a substitute therefor: 


‘‘Section 1. The legislature of this state shall not have power to 
grant any special bank charter or confer any special banking priv- 
ileges whatever. 

‘Section 2. All banks are, and all banking of any description what- 
ever, either general or special, is forever prohibited withim this state 
(except such as is hereinafter provided for). 

‘*Section 3. No law authorizing banking in any manner or under 
any pretext whatever shall ever be passed by the legislature of this 
state, except the said law be general in its terms, and conveying rights 
equally to every citizen, and shall be adopted in the following man- 
ner: The proposed law shall pass through the ordinary forms of legis- 
lation, the yeas and nays being taken and entered at large upon the 
journal of the legislature, and if adopted by them shall be published 
fully and distinctly in six weekly newspapers located in different sec- 
tions of the state for thirteen weeks in succession next preceding any 
general election, and shall then be submitted to the people, and, if 
approved by a majority of the electors of this state at such election, 
made to appear by the return to the proper office as shall be provided 
for the election of members of Congress of the United States, then the 
said act shall become a law of the land, subject to be repealed, altered, 
or amended in the same manner as is provided for enacting the same, 


1846] THE CONSTITUTION OF 1846 163 


and no other way. Provided, always, the private and individual prop- 
erty of the stockholders of any and all banks established under this 
article shall be liable for all debts contracted or notes or bills issued 
by the corporation or institution of which they shall be stockholders, 
in like manner and to the same extent as for other indebtedness, and 
for the term of one year after the transfer of their stock shall have 
been made. 

“Section 4. No person or persons, corporation, or institution with- 
in this state (except such ag are expressly authorized by law herein 
provided) or any agent of any institution, corporation, or person of any 
other state or territory or of any foreign country shall issue within 
this state any bills, promissory notes, certificates of deposit, or other 
evidence of debt whatever intended to circulate as money, under the 
penalty of the forfeiture of an amount equal to the amount so issued, 
and such other penalty ag shall be by law provided. 

“Section 5. No corporation within this state, other than those pro- 
vided for in this article, shall receive deposits of money, make discounts, 
or buy or sell bills of exchange, 

“Section 6. The legislature of this state shall have full power to 


pass all necessary laws to carry into effect the provisions of this ar- 
ticle.’’ 


And pending the question on the adoption of the said amendment, 
Moses M. Strong moved to adjourn to seven o’clock this evening. 
On motion of Mr. Magone the convention adjourned. 


Mr. Beall got the floor after much trouble and offered his 
amendment, whereupon ensued a scene of disorder and confu- 
sion which we imagine but rarely occurs in such august bodies 
as conventions for the framing of constitutions, and which we 
sincerely hope never to witness again during this session. Mr. 
Beall retained the floor, when Moses M. Strong rose to a ques- 
tion of order; the Chair decided Mr. Strong’s question was not 
entitled to raise a point of order; Mr. Beall insisted upon his 
right to offer his amendment; Mr. Strong appealed from the 
decision of the Chair; the Chair altered his views upon the 
question in dispute, and upon motion the convention ad- 
journed.—Express, Oct. 20, 1846. 


164 WISCONSIN HISTORICAL COLLECTIONS [ Oct. 15 


BANKS AND BANKING 
(Speech of A. W. Randall, October 15, 1846) 


Mr. Cuarrman: The question before the convention is one 
of some importance. It is a question which has occupied much 
of the attention of the great political parties—and the question 
of no banks by legislative chartering has been one of the watch- 
words of the great Democratic party. The majority report of 
the committee on banks and banking, with its proposed amend- 
ments, however, deserves serious consideration. This report 
presents to us a perfect anomaly in the history of banking re- 
strictions. It has been conceded on all hands and is now con- 
ceded that an article should be incorporated in the constitu- 
tion of the state of Wisconsin prohibiting the legislature from 
granting bank charters or special banking privileges. In the 
county which I have the honor in part to represent the Demo- 
cratic party have taken this ground, and as far as I have been 
able to ascertain from the public prints and other sources, this 
is the ground universally taken by the Democratic party in this 
territory. This position, assumed by the Democrats in every 
section of the country, I fully accord to. Thus far will I go 
and no farther. Sir, I was not here at the meeting of this con- 
vention or on the first week of its session. I have no personal 
knowledge of the differences and difficulties that arose among 
the members of the convention in the election of officers or 
appointment of committees, and therefore know little of the 
true causes of the personal and sectional prejudices that have 
arisen here, and which seem peculiarly to have shaped the 
course and conduct of members. A partition wall has been 
builded up here which appears to keep asunder certain par- 
ties. Sir, I know little of these divisions, and I eare less. I 
was not sent here to build up a particular political party, or 
to attach myself to either wing of the party to which I belong. 
I care nothing and know nothing of your ‘‘hards,’’ ‘‘softs,”’ 
Tadpoles, Old Hunkers, Barnburners, or any other political 
branch of this body. I was sent here to assist in framing a 
constitution—a fundamental law for the state of Wisconsin— 


1846] THE CONSTITUTION OF 1846 165 


and I intend so to act here as in my opinion will best conduce 
to the interests of the whole state—the general universal in- 
terest. I conclude, sir, that, although we were sent here from 
different counties, and in a measure bring with us the peculiar 
sectional views of those different counties, as a conventional 
body we represent the wishes of a great state and are bound 
to act for the interest of that state. Our action then should 
not be characterized by any narrow prejudices, by any over- 
weening selfish ambition, or by any political party considera- 
tions. A great important fundamental law is to be made by 
us, a law which for good or for evil will have an important 
bearing upon the rights, interests, and duties of the people. 

It has been remarked here by the gentleman from Racine 
(Mr. Ryan) that the different articles which we propose to in- 
corporate into our constitution are mere declaratory proposi- 
tions having no positive force of themselves, and having no 
bearing upon the people, except as a mere detail of rights. 
This is a narrow view, it seems to me, of the constitution of 
a state; I see it through a different glass. I look upon our 
state constitution as standing in the same relation to the laws 
and rights of the people as the foundation is to the structure, 
as the base to the column. It is the great embodiment of the 
will of the people, the source of legislative and judicial and 
executive power—the great supporter of all our laws and state 
institutions. We fall back upon it when we seek our rights 
in courts of justice—we lean upon it as the bulwark of our 
political and civil strength—all our hopes are centered in it, 
and must be, so long as it stands the great general law of our 
young but vigorous state. Feeling as I do, therefore, I can- 
not look upon our duties here as of so low and ordinary a char- 
acter as to make us reckless in regard to the incorporation of 
articles in this constitution, and I doubt, much doubt, the right 
or justice of the attempt to force by authority of law the adop- 
tion of newly developed political or civil principles until the 
mass upon whom they are to operate are fully prepared to re- 
ceive them. It is well enough, yes, sir, it is right to advocate 
new and valuable propositions and principles in advance of 
public opinion. If your theories are good and have a bene- 


166 WISCONSIN HISTORICAL COLLECTIONS [ Oct. 15 


ficial practical tendency, it is fit and proper that they be ad- 
vocated—that they lead and direct public opinion—that they 
temper and mold that opinion. But, sir, when you come to 
legislate you must pursue a different course. You may rea- 
son and theorize in advance, but you cannot legislate in ad- 
vance of the great public will. Your legislative action should 
ever be up even with the settled public will, but never beyond 
it. It is the will of the mass expressed in the opinions of the 
mass which gives the force to your law and ensures its proper 
application. You never can enforce a prosecution where the 
moral, political, or civil sense runs counter to the spirit of the 
act to be enforced. When you vainly attempt it, you run 
blindly or wilfully against a great wall—a wall of will—of in- 
terest—of passion—against which you cannot prevail. And, 
in regard to their probable bearing upon the different interests 
of our territory, all the different theories that may have found 
their way hither may not safely be relied upon as true guides; 
our most favorite opinions may not have a beneficial bearing. 
The knowledge of men’s rights, interests, and duties, which 
we get from books, or which in ‘“‘faney dreams’’ have come 
across our minds, is poor foundation upon which to build the 
civil and political hopes of men. 

I look upon this report as one of the vagaries, wild vagaries, 
chosen from the ten thousand loose doctrines, creeds, dogmas, 
and delusions by which in this progressive age we are all sur- 
rounded, and while speaking of progression let me suggest to 
gentlemen here who talk long and loudly of the progressive 
democracy that we take great care lest our progression be 

crab-like in its tendency. It is barely possible that we may 
: progress backwards. In the report before us we are trench- 
ing upon legislative authority. We talk of Democratic fea- 
tures and are hurrying away from correct Democratic prin- 
ciples. I love to see men reaching after perfection. I love to 
hear of some newly discovered practical theory—some new- 
founded principle of important and valuable tendency. It 
proves the struggling, chafing labors of a great genius to un- 
 ravel the hidden things that bear upon our interests. 


1846] THE CONSTITUTION OF 1846 167 


The first three sections of this report are not particularly 
objectionable, though I think they could be much improved. 
But the balance of this report is of a most serious and singular 
character. A promissory note is a representation of value; a 
bank note, a bill, order, check, certificate of deposit are each 
of them a representative of value; gold and silver coin is a 
representative of value. For making, signing, or issuing a 
representative of value you propose in this fourth section to 
punish any person or persons or any agent of any corporation 
or institution by a fine of ‘‘not less than ten thousand dollars 
and imprisonment in the penitentiary not less than five years.’’ 
Where do you get your evidence that any note, bill, check, cer- 
tificate, etc., is intended to circulate as money? You judge the 
intention by the act. What is a circulation? It is a passing 
from hand in exchange for articles of purchase, or im the pay- 
ment of a debt, or in the shape of a loan. What particularly 
characterizes these certificates, bills, notes, etc.? Why, sir, the 
fact that they are printed, have pictures on their face, and are 
numbered. Here then you have a beautiful picture—a man, 
whose careful business habits are such that he numbers and 
keeps a faithful record of his notes, who has his promissory 
notes printed, who perhaps may have a picture of his mill, his 
store, or any other business establishment on their face, and 
who gives to a creditor one of these notes to pay a debt, to buy 
a horse, to obtain a loan, shall be punished by a fine of ten 
thousand dollars and be imprisoned in the penitentiary five 
years. Any man of you who should be so unfortunate as to 
receive a bill or check on some moneyed man, the check or bill 
numbered, printed, or having a picture on it, and who trades 
that bill or check to some other for a horse, a cow, or for wheat, 
and that man in turn trades it for any necessary article of pur- 
chase, or merchandise, whatever the amount may be, shall be 
punished by a fine of ten thousand dollars and by imprison- 
ment in the penitentiary five years. Any man who makes a 
deposit of money, and receives for it a certificate of such de- 
posit, printed, with a picture of a house or store upon it, or 
picture of a ship upon it, and who trades it out for any article 


168 WISCONSIN HISTORICAL COLLECTIONS [f oct.15 


he wants to buy, shall be punished by a fine of ten thousand 
dollars and by imprisonment in the penitentiary five years. 

Gentlemen may talk as long and loudly as they please of such 
being a forced construction. Sir, those who would unblush- 
ingly propose such doctrines and attempt to enforce their ob- 
servance by a positive law are capable of the most odious con- 
structions, even if the construction I put upon it was forced, 
but itis not. Let any man who professes to have a knowledge 
of law examine this fourth section as it now stands, with his 
knowledge of the rules of evidence and construction in our 
courts of justice, and if he is an honest man he will tell that in 
each of the cases I have named the offender would be held 
guilty and convicted of a ‘‘crime made by law,’’ when in fact 
no guilt could possibly rest upon him. Great, truly great is 
the mystery of legislative and political godliness foreshadowed 
in this report. Next in order comes stalking on the glorious 
fifth section. Listen! ‘‘No person or persons shall utter, 
pass, or pay, or give or receive in payment, any paper money, 
or any bank note, promissory note, bill, order, check, certificate 
of deposit, or other evidence of debt whatever, intended to cir- 
culate as money, which shall purport to have been issued in 
this state before or after the adoption of this constitution, by 
any person or persons, corporation or institution whatever; 
and any person or persons so doing shall, upon conviction 
thereof, be fined in a sum not less than five hundred dollars, 
or imprisoned not less than three months, or both.’’ Superla- 
tive wisdom! Divine political philosophy! Great is the pro- 
gressive wisdom of the age! 

That man who borrowed the rags of the Bank of Wisconsin, 
or of Mineral Point, or of any other institution in this terri- 
tory and who owes a note given for the same shall not, after 
the ratification of this constitution, pay his debt in the prom- 
issory notes of those ill-omened institutions under the penalty 
of a fine of five hundred dollars, or imprisonment not less than 
three months, or both. No officer, receiver, or agent of those 
decayed banks shall receive in payment of notes due any of 
the paper money issued by the institution to whom the note 
belongs, and for security for the payment of which that very 


1846] THE CONSTITUTION OF 1846 169 


note was given, under the penalty of a fine of five hundred dol- 
lars or imprisonment in [sic] not less. than three months, or 
both. Nay, further, what would be the situation of thousands in 
reference to what gentlemen here are pleased to call the detest- 
able and damnable ‘‘Wisconsin Marine and Fire Insurance 
Company’’ in Milwaukee. Every man who holds in his hand 
a certificate or note of that institution like that with which this 
country is flooded, and who dares, after the adoption of this 
constitution, to present that certificate or note to Alex. Mitchell 
for payment of a debt due that institution, or to exchange for 
specie or otherwise, or who passes, buys, or sells, pays, or 
gives or receives in payment, any of those notes or certifi- 
cates, or who in order to secure himself from loss returns such 
notes or certificates to the counter of that institution shall be 
punished by a fine of not less than five hundred dollars, or im- 
prisonment not less than three months, or both. Sir, already 
the wisdom of the past, the protection of the present, and a 
farseeing providence for the future is seen in these provisions. 

But let us look farther—aye, now the prospect brightens in 
the light of No. 6: 

‘‘No corporation within this state shall receive deposits of 
money, make discounts, or buy or sell bills of exchange; and 
any officer or other agent of any corporation so doing shall 
upon conviction thereof be fined in a sum not less than five 
hundred dollars and imprisoned not less than two years.’’ 
Here, sir, is the crowning glory of this detestable report. The 
‘last part of section No. 6 does not specify whether the officer 
or agent of any corporation buying or selling any bill of ex- 
change shall be punished for doing the act as agent or officer, 
or for doing the act—committing the crime—of buying or sell- 
ing a bill of exchange in his own individual right. The proper 
and legal construction of this article is wisely and prudently 
left for after and more mature consideration. If a man is an 
officer or agent of a corporation—whether of a fire company, 
a city corporation, a mill company, a manufacturing company, 
or any other company-—buys or sells in his own individual 
right, or for his own individual purposes buys or sells a bill of 
exchange on any foreign bank, or broker, or private individual, 


170 WISCONSIN HISTORICAL COLLECTIONS [ Oct. 15 


even to save himself a journey of a thousand or two thousand 
miles, he shall be fined in a sum not less than five hundred dol- 
lars and imprisoned not less than two years. If he commits the 
crime in the capacity of agent or officer of any such corporation, 
then if he buys a bill of exchange to remit for the purchase of 
fire engine, or spindles and looms, or for machinery to be used 
by an incorporated company for manufacturing purposes, or 
for doing any other business within the legitimate scope of the 
corporate rights of that company, he shall be punished upon 
conviction thereof by a fine of not less than five thousand dollars 
and imprisoned not less than two years. Is not this beautifully 
absurd? Then here comes tailing on grave section No. 7, which 
makes it the duty of the legislature from time to time, as may 
be necessary, to pass all acts necessary to enforce the fore- 
going absurdities. Truly, sir, you have here progression with 
a vengeance. Here is accumulated wisdom; here is the real 
essence of the science of government; here salutary provisions, 
protecting, fostering, guarding with the strong arm of a funda- 
mental law the rights and interests of the people. Was there 
ever a parallel to this? Search all history—that history which 
is the life of ‘the past, a great record of human nature, so full 
of accumulated wisdom, folly, and passion, so full of the phil- 
osophy of life and human government—and nowhere within 
the pages of its volumes can you find more preposterous prop- 
ositions—a greater strength of weakness, or any constitutional 
or statutory provisions of a more despotic character or tend- 
ency. Here has it first appeared to me that within the bor- 
ders of a free state or territory, proud of her rights, stubborn 
in the protection of her interests, happily characterized for the 
energy and intelligence of her citizens, a species of contempt- 
ible despotism is to be built up and maintained, which like a 
millstone will hang upon the neck of her prosperity. 

I come now, sir, to the amendments proposed to this report. 
One would reasonably suppose that to amend a thing was to 
improve it. This would be natural. But let us remember that 
this is an age of progression wherein the weaknesses and in- 
firmities of the past are evidenced in the strength and vigor 
of the present. 


1846] THE CONSTITUTION OF 1846 171 


AMENDMENT BY MR. HICKS 


The first section of the amendment offered by the gentleman 
from Grant is similar to some of the original articles of the 
report. The second section takes a wider range and is doubt- 
less intended to prevent everybody and everything from doing 
anything whatever. It reads thus: 

*“*No person or persons, corporation, or institution, or any 
officer or agent of any corporation, or institution of any kind 
shall ever make, sign, issue, pay, give or receive in payment 
any paper money, bank note or promissory note, treasury note, 
certificate of deposit, or other evidences of debt intended to 
circulate as money, which shall purport to have been issued 
either within or out of this state. Any person, upon convic- 
tion, shall, for a violation of any of the provisions of this sec- 
tion, be fined in a sum not less than five thousand dollars and 
be imprisoned not less than two nor more than ten years.”’ 

Another proposition has been made to restrict the circula- 
tion of foreign bank notes of a certain denomination if the 
foregoing amendment fail. 

Sir, it is only the knowledge of the fact that this is indeed a 
progressive age that warrants us in looking with the least al- 
lowance upon this report or its proposed amendments. It 
might, by a stranger to our country, be well understood as a 
death blow aimed at all the business habits of the country, 
blocking up all the channels of trade, and attempting to strangle 
our commercial interests in their comparative infancy. Here 
is an article of fundamental law proposed to punish a person, 
agent, corporation, or institution for paying or giving or re- 
ceiving in payment a bank note, paper money of any kind, a 
promissory note, a treasury note, or certificate of deposit, un- 
der the severe penalty of a fine not less than five thousand dol- 
lars and imprisonment not less than two nor more than ten 
years. 

Suppose, sir, today, you receive in payment of a debt the 
sum of one hundred dollars in bank notes, on what are called 
specie paying banks. Today it is a legal circulating medium; 
tomorrow, after this constitution is adopted with the above 


172 WISCONSIN HISTORICAL COLLECTIONS [ Oct. 15 


clauses, your money is lost—you dare not pass it or pay it 
away—you must keep it in your pocket or the punishment of 
a high crime will follow your acts. Is it a crime in you today 
to receive the money? No. Does the act of receiving it in- 
volve any degree of moral turpitude? No. There is today no 
fraud, no offense, no crime in receiving the money; tomorrow 
there will be. How? Why, sir, the fundamental law of the 
land has made a crime, a high crime, of an act in which there 
is no crime, no immorality. An act of honest, open-handed 
deal and traffic between man and man is made a erime by law 
where not even the shadow of deception or turpitude is in- 
volved. You punish here an act as a crime which is not erim- 
inal, and throw heavy chains upon the business and confidence 
of the community. And all this is called progressive democ- 
racy. The brightest jewel is yet to be exhibited from the 
casket. The government of the United States has issued under 
legal sanction treasury notes of fifty dollars and upward ‘‘in- 
tended to circulate as money”’ and receivable for government 
dues. That man who pays, gives or receives in payment any 
of these treasury notes shall be fined and imprisoned as above 
stated. The man who buys land at the land office where they 
are a good tender by law and the receiver an officer of govern- 
ment who receives it in payment for land shall both be pun- 
ished by fine and imprisonment. The stranger that lands upon 
the shores of Lake Michigan at Milwaukee, Racine, or South- 
port and pays a one-dollar bank note of an eastern bank for 
his landlord’s bill, perfectly ignorant of the enormous crime 
he is committing, is liable to be arrested, fined, and imprisoned. 
I have always understood that the punishment should be 
measured by the aggravation of the offense committed. This 
is an age of progression, however, and the proposition is dis- 
covered to be a great fundamental error. 

Sir, this is bantering with that vulgar stuff called common 
sense too much. This report and all these amendments are 
unconstitutional. First, because the Constitution of the United 
States provides that ‘‘no unusual or unjust punishment shall 
be inflicted.’’ Second, because if the general government has 
a constitutional right to issue treasury notes intended to cir- 


1846] THE CONSTITUTION OF 1846 173 


culate as money, the same being representatives of value, we 
have no constitutional right, even in our sovereign capacity, 
to make a law which prevents them from circulating from hand, 
or which will punish any man for ‘‘paying or giving or re- 
ceiving the same in payment’’—much less make it an offense 
punishable by fine and imprisonment. Third, because even in 
our sovereign capacity we cannot make a crime of an act in 
which there is no fraud, and in which no degree of moral turpi- 
tude is involved. And fourth, because it would be a law 
abridging our fundamental rights as freemen, and striking out 
the very foundation of our democratic republican system of 
government. Strange, is it not, sir, how wisdom like old age 
creeps upon us unawares. The Constitution of the United 
States nowhere creates a crime for the commission of which 
the people are to be punished; and in one solitary instance only 
does it even define in what a specific crime consists. In none 
of the state constitutions is any similar provision found, or 
one which in the most remote degree will bear a comparison. 
Yet, with all, we are told with grave and angry words that the 
support of these propositions was to be the test of the democ- 
racy of members in this convention. Where did this new light 
come from? Where this new system of democracy, which is 
to rend the Democratic party? By what authority do gentle- 
men on this floor draw new lines and set new boundaries to our 
action? Can gentlemen make democracy? And if so, is this 
a specimen of their very domestic manufacture? There is no 
such thing as a democratic principle which runs counter to the 
necessities and best interests of the people, which cripples men 
in the exercise of any honest and honorable vocation or em- 
ployment. There is no democracy, no good principle, no set- 
tled honesty of purpose in the propositions that have been 
made here upon this bank question. 

The gentleman from Dane (J. Y. Smith) yesterday gave us 
a long and interesting dissertation upon money and money 
matters, exchange, ete. Sir, I am not familiar with banks or 
with their systems of operation, nor am I acquainted with the 
system of exchanges. But I have yet to learn where the value 
of the dollar comes from according to his system, and to learn 


174 WISCONSIN HISTORICAL COLLECTIONS {[_ oct.15 


the bearings of his trite notions to be of beneficial tendency. I 
want to know why a one-dollar note or a five-dollar note on a 
given bank is not good or safe when a ten- or twenty-dollar 
note on the same bank is good or safe. Money itself, accord- 
ing to some, is but the measure of value. What seals this 
measure of value but the law? What makes it stable and uni- 
form but the law? What makes a given amount of silver 
worth, in common parlance, one dollar, or a given amount of 
gold worth five? What makes it measure five dollars’ worth 


of wheat? Is it the weight of gold or silver when compared . 


with other metals that fixes this measure of value? Is it the 
color of gold or silver alone that stamps its value? No. Is it 
the weight alone? No. In the first case you might color any 
other metal to compare with them, and in the other sixteen 
ounces of lead is Just as heavy as sixteen ounces of gold. One 
says it is the fineness of the metal that makes its nominal value, 
or, if you please, its real value. Iron may be just as fine for 
iron as gold is for gold. The fineness or purity of a given 
thing can only be spoken of in a relative point of view, although 
what we call the value of gold or silver may, in a greater or less 
degree, arise from several causes and attributes. Yet the true, 
strict value of the coin or money is a legal value fastened upon 
it from necessity and convenience. And what our govern- 
ment makes money by law, making it receivable for govern- 
ment dues, and giving its faith and credit for its validity, if a 
fifty-dollar treasury note is just as good and will buy just as 
much wheat and as many necessaries as fifty dollars in gold. 
The course of the government and the general laws of trade 
will stamp the value of your money, as that measures the value 
of all that is bought and sold; and trade will seek such chan- 
nels and be conducted in such manner and with such currency 
as the necessities and interests of the community make either 
convenient or expedient. The idea that you can prevent the 
circulation of bank notes or treasury notes in this territory by 
legal enactment so long as they are a currency in any other 
state in this confederacy is perfectly preposterous. Commerce 
and business of every description will seek their own level, 
their own channels, and their own facilities, and, so long as no 


i" 


1846] THE CONSTITUTION OF 1846 17 


Or 


fraud is perpetrated, no moral turpitude involved—so long as 
man deals with man, mutually understanding what they give 
and what they receive—so long you step out of the pale of 
your authority in attempting to confine or restrain them. You 
may legislate forever in the formation of a constitution con- 
taining such provisions as these proposed bank provisions, 
and your legislation will be utterly void. Your laws will have 
no strength—they can never be enforced. They are unneces- 
sary, unreasonable, cruel, unconstitutional, inhuman. ‘The 
moral sense of the community will revolt at their execution. 
They will remain, forever, perfect burlesques upon constitu- 
tional enactments. 

Gentlemen talk here of the theory of these propositions be- 
ing right, but doubt their practical effects. Sir, I have no 
doubts. They may talk to me until they are gray about a 
theory being good and its practical tendency bad. There is no 
such thing. The value of any given theory depends solely 
upon its beneficial and practical effects. The theory of no 
thing is good unless that thing is good in practice. Ifa given 
thing is good in theory it is good in practice, and so vice versa. 
Away then with this attempted hairsplitting in efforts to dodge 
your duty and your responsibility to the people. They talk 
to us, too, with all these other absurd propositions about dif- 
ference between the right and expediency of any given course 
of action. There is nothing, sir, that it is right for a man, a 
state, or a nation to do that it is not expedient for them to do. 
Nor is there anything expedient in an individual, state, or na- 
tional point of view that is not right to be done. A thing is 
always right when it is expedient, and always expedient when 
it is right. There is no virtue in this convention unless it can 
shake off this great time-serving load that weighs down upon 
and paralyzes its labors and usefulness. Let us be bold and 
honest in the discharge of our duty here. Let us look to the 
wauts, the interests, the rights of this state, and labor for the 
maintenance of those rights, the protection of those interests, 
thinking less of our own political prospects and more of our 
representative and conventional duties. Let us do only what 
we were sent here to do on this subject—restrain the legisla- 


176 WISCONSIN HISTORICAL COLLECTIONS [ Oct. 15 


ture from granting special bank charters and privileges, leav- 
ing the rest to the legislature subject to directions of the peo- 
ple. And I tell gentlemen from Racine they must come to this 
at last. The public will compels or will compel it. And, sir, 
I envy not the situation of gentlemen from Racine in the rela- 
tions which they will bear to their constituents on their return 
from this convention, provided their report or any of these 
amendments are adopted. Not only do I believe they will suf- 
fer in reputation, but I should be much surprised if they did 
not suffer in their own proper persons. Sir, this must not 
become a law. We must not have such articles in the consti- 
tution of our state. An indignant people affected in their in- 
terests will ery out against it. And I tell gentlemen here that 
before three weeks pass over their heads, if they sanction the 
passage of these articles, they will hear condemnation rolling 
over their heads in startling tones from the whole eastern por- 
tion of the territory. It will be found better to stop now, to 
stop at once, than to go on and on with this progressive system, 
and then, when we find the strong tide of public opinion, of 
the public will, set against us, be forced with shame to retrace 
our steps. Sir, I wish only to do my duty. I am content to 
let the end be what it may—Democrat, Nov. 21, 1846. 


1846] THE CONSTITUTION OF 1846 177 


Fripay, OcToBEr 16, 1846 


Prayer [by] the Rev. Mr. Miner. 

The journal of yesterday was read and corrected. 

Mr. Dennis moved that leave of absence be granted to Mr. Turner. 
Leave was granted. 

Mr. Burchard asked leave of absence for Barnes Babcock. Leave 
was granted. 

Mr. Baker asked leave of absence for N. F. Hyer. Leave was granted. 

Mr. Whiteside asked leave of absence for Mr. Elmore. Leave was 
granted. 

Hiram Brown asked leave of absence for Mr. Bowen. Leave was 
granted. 

Marshall M. Strong offered the following resolutions, which were 
read, to wit: ‘‘Resolved, That there shall be a standing committee on 
engrossment, consisting of five members, to be appointed by the presi- 
dent.’’ 

“* Resolved, That the committee on revision be authorized and in- 
structed to report to the convention all such verbal amendments to such 
articles as shall have passed the third reading as they shall deem expe- 
dient, not changing in any manner the substance of such articles.’’ 

Moses M. Strong moved that all rules which prevent the considera- 
tion of said resolution now be suspended, which was decided in the 
affirmative. And a division having been called for, there were 58 in 
the affirmative and 2 in the negative. The said resolution was then 
taken up and adopted. 

The President announced the following committee under said resolu- 
tion, to wit: Messrs. Marshall M. Strong, Hunkins, White, Hammond, 
and Phelps. 

The resolution calling upon the several clerks of the supreme court 
and of the district courts [of the] counties of Dane, Milwaukee, and 
Racine, and the registers in chancery in said counties for certain in- 
formation was then taken up, when Mr. Goodell asked and obtained 
leave to withdraw the same. 

The resolution relative to appointing a select committee, to whom 
shall be referred all the expenses of this convention, was then taken up 
and adopted. 

The President announced the following committee under said resolu- 
tion, to wit: Messrs. Dennis, Bennett, Wilson, Dunning, and Warren 
Chase. 

The resolution relative to the extensive [extension of the] elective 
franchise to [of] the colored population was then taken up, when Mr. 
George Hyer asked and obtained leave to withdraw the same. 

The resolution relative to a new apportionment of the members of 
the legislature was then taken up and adopted. 


12 


178 WISCONSIN HISTORICAL COLLECTIONS [ Oct. 16 


The resolution of Mr. Huebschmann relative to appointing a select 
committee in relation to the question of giving the right of suffrage to 
the colored population was taken up, when Mr. Huebschmann asked 
and obtained leave to withdraw the same. 

The resolution relative to appointing a committee to report ways and 
means relative to the postage of the members of this convention was 
then taken up. And the question having been put on the adoption of 
said resolution, it was decided in the negative. And a division having 
been called for, there were 26 in the affirmative, negative not counted. 

The resolution relative to admission to practice in all courts in this 
state was then taken up, when Asa Kinne moved that said resolu- 
tion be referred to the committee on [the] judiciary, which was 
agreed to. 

The morning hour having expired, the unfinished business of yester- 
day was taken up, when Mr. Kellogg moved to amend the report of 
the committee of the whole by adding the following to section 2, to 
wit: ‘‘Provided, should any future legislature see proper to provide 
by law for a general or private banking system, they shall have power 
to do so; but no bank or other institution having banking privileges 
shall have power to issue any bills or other evidences of debt whatso- 
ever to circulate as money under a less denomination than $50, or shall 
go into operation until its charter shall have been submitted to the 
electors of this state at least three months previous to a general elec- 
tion, by publication, as the said legislature may direct, and have been 
adopted by a majority of the legal voters of the state; and said legis- 
lature shall also have power to provide by law for the supervision of 
such bank or banks, or repeal of any such charters, anything in the 
provisions of this constitution to the contrary notwithstanding.”’ 


George B. Smith read an amendment which he proposed to 
offer at a suitable time. He argued at some length in favor of 
Mr. Kellogg’s amendment. 

Messrs. Beall, Kellogg, Burnett, and Strong continued dis- 
cussing the question. 

General John Crawford: Mr. President—I am surprised to 
see the course taken here by gentlemen! The wind changes too 
often! Some gentlemen will stand up here one day and de- 
clare in favor of pains and penalties and call me a “<‘sott!) Ti 
politics because I am not with them, and the next day come out 
in favor of banks. Such a course I deprecate in politics or 
anywhere else. I call myself a straightforward Democrat of 
the old school, and let any man here dispute it. Jam opposed 
to all pains and penalties being inserted in our constitution, 
leaving that to future legislation; and I am opposed to banks 

or banking in any shape whatever, now and forever, in this 


1846] THE CONSTITUTION OF 1846 179 


state, in any way they can contrive. In answer to a remark 
that has been made upon this floor by a gentleman from Wau- 
kesha, that the Democrats were the bank party, or had been, 
in the general government, in a great measure, I acknowledge 
the corn, but they have seen the evils growing out of that sys- 
tem, have repented, and determined to mend their ways. The 
Federalists, Amalgamationists, Clay men, Anti-Masons, or 
self-styled Whig party, or whatever name they may assume to 
themselves, should not be implicated altogether as a bank 
party in the general government heretofore. For, sir, they 
have never been in power since about 1800 until 1840, and then, 
by interference of divine Providence, they were deprived of the 
venerable gentlemen they had placed in the presidential chair; 
and then what did they do? Why, sir, because John Tyler 
would not give them a bank, they denied their own offspring! 
They would not own their own bantling—they called him a 
Democrat because he was antibank; so much for that. The 
result was they got into difficulty amongst themselves; they 
could not agree—they sent one of their offsprings here to gov- 
ern us, and they got to quarreling about that, and at the end 
were like the Kilkenny cats that devoured one another until 
there was nothing left but one’s tail; but they have revived up, 
and I see two of them here now from Waukesha. 

The question was taken on the amendment of Mr. Kellogg 
and resulted ayes 15, noes 90.—Ezpress, Oct. 20, 1846. 


And the question having been put on the adoption of said amend- 
ment, it was decided in the negative. And the ayes and noes having 
been called for and ordered, those who voted in the affirmative were 
[affirmative 15, negative 90; for the vote see Appendix I, roll call 11]. 

Mr. Ryan moved further to amend the report of the committee of 
the whole by adding the three following additional section[s], to wit: 

*‘Section 7. No person or persons, corporation, or institution what- 
ever, shall, under any pretence or authority whatever, make, sign, or 
issue within this state any paper money, or any bank note, promissory 
note, bill, order, check, certificate of deposit, or other evidence of debt 
whatever, intended to circulate as money. 

“*[Section] 8. No corporation within this state shall, under any pre- 
tence or authority whatever, exercise the business of receiving deposits 
of money, making discounts, or buying or selling bills of exchange, or 
do any other banking business whatever. 

“*TSection] 9. No branch or agency of any bank or banking cor- 
poration or institution of the United States, or of any person or per- 


180 WISCONSIN HISTORICAL COLLECTIONS [ oct. 16° 


sons doing banking business without this state, shall be established or 
maintained within this state.’’ 

Horace Chase called for a division of the question. And the ques- 
tion having been put on the adoption of section 7 of said amendment, 
it was decided in the affirmative. And the ayes and noes having been 
called for and ordered, those who voted in the affirmative were [affirma- 
tive 60, negative 42; for the vote see Appendix I, roll eall 12]. 

And the question having been put on the adoption of section 8 of 
said amendment, it was decided in the affirmative. And the ayes and 
noes having been called for and ordered, those who voted in the affirma- 
me i [affirmative 63, negative 40; for the vote see Appendix I, roll 
ca : 

And the question having been put on the adoption of section 9 of 
said amendment, it was decided in the affirmative. And the ayes and’ 
noes having been called for and ordered, those who voted in the affirma- 
oe a, [affirmative 77, negative 26; for the vote see Appendix I, roll 
eall 14]. 


Moses M. Strong moved to adjourn to two o’clock, P. M., which was 
agreed to. 


TWO O’CLOCK, P. M. 


A communication was received from the treasurer of the territory 
of Wisconsin in compliance with a resolution heretofore adopted, rela- 
tive to funds in his hands, which was read, to wit: 

TREASURER’S OFFICE, 
Mapison, Oct. 19, 1846. 
To the Hon. D. A. J. Upham, 

Sm: I have the honor to acknowledge the receipt of a copy of a resolution 
passed by a convention over which you have the honor to preside, appropriat- 
ing and ordering me to pay over to yourself the sum of $897.16, being the 
balance remaining in my hands arising from the sale of canal lands. 

The money arising from said sale has been by me deposited with Alexander 
Mitchell, Esq., of Milwaukee, for safe keeping (the legislature having in their 
prudent economy never furnished the treasurer with an office, or even a safe, 
for the convenient transaction of business). I have therefore deemed it 
prudent and safe to entrust the territorial funds in the hands of such men 
as have heretofore been made depositories of the moneys of the United States. 

As soon as the money can be transmitted from Milwaukee to this place the 
appropriation to yourself by the convention, of $897.16, will be promptly paid. 

I have the honor further to state that all money hereafter coming into my 
hands from the canal funds will be subject to the further pleasure of the 
convention. 

All of which is most respectfully submitted. 

J. Larkin Jr., Treasurer W. T. 


The amendment of [Mr.] Beall, offered yesterday to the report of 
the committee of the whole on banks and banking, was then taken up. 
And the question having been put thereon, it was decided in the nega- 


1846] THE CONSTITUTION OF 1846 181 


tive. And the ayes and noes having been called for and ordered, those 
who voted in the affirmative were [affirmative 26, negative 76; for the 
vote see Appendix I, roll eall 15]. 


J. Y. Smith offered an amendment (which we have not now 
at hand) the purport of which was to render null and void all 
payments made in paper money. He supported his amend- 
ment at some length. 

Mr. Judd said he hoped the proposition of the gentleman 
from Dane would not be seriously entertained by the conven- 
tion. It was the first time he had ever seen, read, or heard of 
such a monstrous proposition. It was nothing more nor less 
than to propose, when a man was naturally honest, to make 
him dishonest by constitutional provision. 

Messrs. Randall, Burnett, Parks, Bevans entered into the 
discussion. 

Mr. Smith withdrew his amendment. 

Mr. Beall’s substitute was then proposed. 

Mr. Steele advocated it at some length. 

The question was then put, the yeas and noes being called, 
and the substitute rejected, as follows: [affirmative 26, nega- 
tive 76].—Democrat, Oct. 24; 1846. 


[Remarks of Mr. Steele in advocacy of Mr. Beall’s substitute. ] 


Mr. Present: It may be well, as it seems the prevailing 
fashion of the day, for me to preface the few remarks which I 
propose to make upon this question with a statement of my 
political faith, and that gentlemen in their hostility to banks 
are not more so than I am, and that if in their advocacy of the 
proposition as introduced by the gentleman from Walworth 
(Mr. Baker) they are ‘‘hard,’’ I claim to be harder—that if the 
advocacy of a proposition to exclude all good paper money as 
a circulating medium, at the same time allowing the free circu- 
lation of such shinplasters as we now are flooded with arising 
within our limits, as does this bill—I say—if such a position 
constitutes a ‘‘hard’’ Iam not one of them. I advocate the ex- 
clusion of bad money, and not good; and although it has been 
said that my constituents are in favor of this proposition, and 


182 WISCONSIN HISTORICAL COLLECTIONS  { Get. 16 


worse, that they are in favor of that extraordinary b@atling 
emanating from the bank committee, yet am I opposed to i in 
toto, in my own judgment, and am ready to meet that issue be: 
fore my constituents, believing that in the position I but sep 
resent their wills. 

In stating my political belief, it may be well to state where 
I stand. I am in favor, decidedly in favor, of the proposition 
of the gentleman from Marquette (Mr. Beall) as a substitute 
for all and every of the propositions that I have yet heard in- 
troduced. By the provisions of the bill reported by the com- 
mittee, as it now stands, it prohibits all banking of every kind 
and description. That the people are in favor of such a prohi- 
bition, [deny. By the term ‘‘banking’’ we do not merely mean 
banks of issue, but banks of issue, discount, and deposit. Banks 
proper are merely banks of discount and banks of deposit. 
There is a special banking power, however, which authorizes 
the issuance of the promises to pay of the institution, but such 
banks are the creation of special legislation. These I would 
restrict and make subject to the will of the people or, im the 
terms of the substitute, prohibit them entirely until the people, 
and the whole people, by their voice, should say they wanted 
them and would have them. I am opposed to enacting a pro- 
hibition for all time to come against general banking powers, 
if the people should wish such institutions under such proper 
restrictions as they may see fit to impose. If the question 
should now be left to the people whether or not they would en- 
act a law authorizing banks of issue, I would oppose it to the 
utmost at the ballot box at the same time that I would vote 
here to allow it to go to the people, believing that such prop- 
ositions should go directly to them. The people are the source 
of power and are to be trusted, and I deem it right and proper 
in all these matters of a general nature that they should be 
referred direct to them for their sanction or rejection, discon- 
nected with collateral issues. Fix it so that the issue will be 
direct and there is no fear of the judgment. 

It has been contended on this floor that there may be great 
excitements created which would pass an act which, in its ef- 
fect, would be detrimental. But I would ask, May not some 


1846] THE CONSTITUTION OF 1846 183 


of the members of the convention be now laboring under as 
great a prejudice from having been burned in the bank fire, and 
other influences which have thrown around them? Again, It 
venture to say, that this antibank excitement has originated 
here, and that many members of this convention who are now 
ready and willing to swallow anything rather than be called a 
‘soft’? came from their constituents with a more rational 
intention, and I would warn such members against such rash 
proceeding. Let them remember that they are to return to 
that same constituency and render them an account of their 
stewardship; and not only that, but that the document which 
they create here has to be sanctioned by that same eonstitu- 
ency before it becomes operative. But, sir, when it comes to 
that test, if this bill passes in the shape it now assumes, it will 
meet with a decided veto, and then, sir, the effect of our rash- 
ness will be visible. To protect our natural right another ex- 
pense of forty or fifty thousand dollars will have to be incurred 
—another convention called. Sir, it has been urged with a great 
degree of candor that the legislature are not to be trusted even 
with the veto power vested in the people, the sovereign peo- 
ple; but, sir, if the whole people cannot be trusted to govern 
themselves, can one hundred and twenty-five or less of that 
same body be trusted to govern them? Or, if they cannot be 
trusted, by what right or authority are we here? No other 
than the mouthpieces of that people, I contend that we are to 
express their wishes, not our own, and it is for that purpose 
we are sent here, and I do not believe that they have author- 
ized us to say that they are untrustworthy. 

But to return to the question: Are the people ready to abol- 
ish all banks of discount? And to arrive at a proper answer 
to that question we will have to consider the functions of a 
bank of discount, which are no more nor less than cashing 
notes, bills of exchange, certificates of deposit, or other evi- 
dences of debt, with gold and silver or the recognized currency 
of the country, and without the authority of special legislation 
the issue of their own notes would not be thought of, nor could 
such a business be carried on. 


184 WISCONSIN HISTORICAL COLLECTIONS f oct. 16 


Then, sir, if that be their only and legitimate business, which 
no one can deny, I would ask again, Are we ready to adopt a 
proposition entirely prohibiting such a legitimate transaction? 
IT answer, No! It is a natural right which should not and can- 
not be restrained without the united and unanimous consent of 
every member of the community. 

Again, are the people ready to be deprived of a bank of de- 
posit where they can deposit their surplus funds for safe keep- 
ing until they may want them, or where they can invest them 
at a stated interest subject to their call at any time? IT answer 
again, No! It cannot be denied but that this excitement 
against banks is limited to the banks of issue, and them only. 
That, in speaking of banks in the general acceptation of the 
term, we refer to them and to them only, for it is with them 
mainly that the community are brought in contact. That the 
feeling against them in this community is just, I cannot deny, 
for we have suffered severely from them. But the fault is no 
more in them than in the persons who have been returned to 
the legislative halls to represent us; it is with them that the 
fault commences. They have personal interests to subserve— 
a bank of their own to create, in which they are to make largely 
out of the unsuspecting community; and then follows as a nat- 
ural consequence loose legislation. 

But, sir, take the veto power from the executive and vest it 
in our sovereigns, the people, and the fault is remedied. No 
special banking privileges will be passed, or, if passed, they 
will be so restricted that no harm will grow out of them. But, 
sir, what is the effect of the bill as reported by the committee 
as it now stands? The effect is, sir, to prevent all new banks 
under whatever restrictions or of whatever kind and also to 
prevent the free circulation of good eastern paper money, 
which everyone knows to be equal to gold and silver, while at 
the same time it does not restrain the circulation of the pres- 
ent issues of the Milwaukee Insurance Company, amounting to 
over five hundred thousand dollars, nor the amount which they 
may put in circulation between this and the time when our con- 
stitution will go into operation. Thereisnota clause init which 
even squints that way. Gentlemen have said, and it originated 


1846] THE CONSTITUTION OF 1846 185 


with the advocates of this report, that there was an east wind 
blowing upon this body—a Milwaukee influence felt here—and 
would fain make the community believe that the opponents of 
this proposition had sold themselves to that influence. That 
there had been such an influence brought to bear here, I did not 
know until so informed on this floor and by those who by their 
vote and speeches sustain this report, but I am bound to be- 
lieve them. Their own words state it and their own acts prove 
it. Sir, with these views I shall cast my vote for the substi- 
tute and against the report.—Sentinel and Gazette, Nov. 23, 
1846. 


Mr. Tweedy moved to amend the report of the committee of the 
whole by striking out all after the word ‘‘article’’ and inserting the 
following: 

“Section 1. The legislature shall have no power to pass an act 
granting special charters for banking purposes, but associations 
may be formed for such purposes under general laws. 

““Section 2. Every such law before it takes effect shall, after it has 
passed through the usual forms of legislation, on the final passage of 
which the votes shall be taken by ayes and noes, which shall be recorded. 
be published in weekly newspapers printed in different sections 
of the state for thirteen weeks successively, next preceding the next 
general election, and shall then be submitted to a vote of the electors 
at such election and shall be approved by a majority of the votes cast 
at such election, to be made to appear by a return and canvass of such 
votes made in the same manner as shall be provided for the return and 
canvass of votes cast at the general election of state officers by the peo- 
ple, and such law shall be subject to be altered or repealed in the same 
Imanner as the same shall have been enacted, and in no other manner 
whatever. 

““Section 3. The stockholders in every corporation and joint stock 
association for banking purposes, issuing bank notes, or any kind of 
paper credits to circulate as money, shall be individually responsible 
to the amount of their respective shares of stock in any such corpora- 
tion or association for all its debts and liabilities of every kind. 

““Section 4. The legislature shall provide by law for the registry of 
all bills and notes issued or put in cireulation as money and shall re 
quire ample security for the redemption of the same in specie. 

““Section 5. In case of the insolvency of any bank or banking asso- 
ciation the billholders thereof shall be entitled to preference in pay- 
ment over all other ereditors of such banking association. 

“*Section 6. The legislature shall limit the aggregate amount of 


bank notes to be issued by any association in this state which may be 
established. ’’ 


186 WISCONSIN HISTORICAL COLLECTIONS [ Oct. 16 


Mr. Tweedy offered the following amendment, which he sup- 
ported with some well-timed and telling remarks upon the anti- 
Democratic principles evinced and supported by the majority 
of the convention; their fears to trust the legislature and the 
people in all future time because there existed a possibility of 
the majority of the people becoming at some time favorable to 
the establishment of banks; thus arrogating to themselves 
more wisdom and experience than all the generations who may 
come after them by thus closing the door against their future 
action in this matter. Mr. Tweedy’s amendment was * * *. 
—Ezxpress, Oct. 20, 1846. 


Mr. Randall moved to lay the report of the committee and the amend- 
ments on the table, and that they be printed, which was decided in the 
negative. And the ayes and noes having been called for and ordered, 
those who voted in the affirmative were [affirmative 33, negative 70; 
for the vote see Appendix I, roll call 16]. 

The question was then put on the adoption of the said amendment, 
and was decided in the negative. And the ayes and noes having been 
called for and ordered, those who voted in the affirmative were [affirm- 
ative 21, negative 80; for the vote see Appendix I, roll call 17]. 


Mr. Randall was opposed to hurrying a measure of so much 
importance through without mature deliberation and moved 
that the report of the committee with all the amendments be 
laid upon the table and printed in order that the members 
could have it all before them and vote understandingly upon 
the measure. 

Mr. Parks was in favor of having the whole matter before 
the members in such a form that they could more closely in- 
spect and reflect upon it; he should vote for printing them. 

The question on laying on the table resulted in ayes, 33, noes 
71.—Ezpress, Oct. 20, 1846. 


Mr. Hicks moved to amend the report of the committee by inserting 
the following as a substitute therefor, to wit: 


‘Section —. The legislature shall have no power to confer in any 
manner or form upon any person or persons, corporation, or institution 
of any kind any banking power or privilege ; nor any power or author- 
ity in any manner or form to make, sign, or issue within this state any 
paper money, bank note, bill, order, check, certificate of deposit, or any 
other evidence of debt intended to circulate as money. 


1846] THE CONSTITUTION OF 1846 187 


‘“Section —. No person or persons, corporation, or institution, or 
any officer or agent of any corporation, or institution of any kind 
shall ever make, sign, issue, pay, give or receive in payment, any pa- 
per money, bank note, promissory note, certificate of deposit, or other 
evidence of debt intended to circulate as money, which shall purport 
to have been issued either within or out of this state. The legislature 
shall, at its first session after the adoption of this constitution, provide 
adequate penalties by fine and imprisonment for carrying into effect 
the provisions of this article.’’ 

Marshall M. Strong demanded the previous question, which was sec- 
onded. And the question having been put, ‘‘Shall the main question 
be now put?’’ it was decided in the affirmative. And the ayes and noes 
having been called for and ordered, those who voted in the affirmative 
were [affirmative 79, negative 24; for the vote see Appendix I, roll 
eall 18]. 

The Chair stated the question to be on the adoption of the report of 
the committee of the whole as amended. Mr. Magone appealed from 
the decision of the Chair. And the question having been put, ‘‘Shall 
the decision of the Chair stand as the judgment of the convention?’’ 
it was decided in the affirmative. 

The question was then put on the adoption of the report of the com- 
mittee of the whole, as amended, and it was decided in the affirmative. 
And the ayes and noes having been called for and ordered, those who 
voted in the affirmative were [affirmative 76, negative 27; for the vote 
see Appendix I, roll call 19]. 

Mr. Judd moved that said report be referred to a committee consist- 
ing of Messrs. Ryan, Gibson, Phelps, Sewall Smith, and Soper, with 
instructions ‘‘to report the same back with the provisions contained 
in it in the simplest language they ean adopt,’’ which was decided in 
the affirmative. 

On motion the convention adjourned. 


188 WISCONSIN HISTORICAL COLLECTIONS [ cet. 17 


SATURDAY, OcToBER 17, 1846 


Prayer by the Rev. Mr. McHugh. 

The journal of yesterday was read and corrected. 

George Hyer moved that leave of absence be granted to Mr. Rankin, 
which was agreed to. 

Mr. Brace moved to admit Mr. Hays to a seat in this convention, a 
member from the county of La Pointe, which was agreed to. 


Mr. Brace stated that Mr. Hays, member elect from La 
Pointe, was here but had not his credentials, that he was 
elected beyond doubt, and he moved that he be allowed his seat. 
It was agreed to.—Democrat, Oct. 24, 1846. 


Mr. Noggle, from the standing committee on corporations other than 
banking and municipal, reported No. 7, ‘‘ Article on corporations other 
than banking and municipal.’’ 


‘“The committee on corporations other than banking and municipal 
have had under consideration the subject referred to them and have 
the honor to report and recommend the adoption of the following arti- 
cle on corporations other than banking and municipal. 

‘‘1. The legislature shall hereafter have power to create, renew, ex- 
tend, or repeal any private corporation within this state. 

‘*2. The stockholders of any private corporation hereafter created, 
renewed, extended, or repealed shall be jointly and severally liable as 
well in their individual as corporate capacity for all debts they may 
in any manner contract; and shall be subject to such other liability and 
restrictions as shall from time to time be provided by law. 

“*3. This state shall not directly or indirectly become a stockholder 
in any corporation whatever. 

‘‘4. Hereafter every act of incorporation enacted by the legislature 
shall embrace but one object or act of incorporation and that shall be 
expressed in the title. 

‘*All of which is respectfully submitted. 

Davin Noaeie, Chairman 
NEELY GRAY 

A. W. RANDALL 

JuLIuUS KERN 

S. P. Hammonp’’ 


The report of the committee was accepted and the committee dis- 
charged from the further consideration of the subject. The said re- 
port was then read the first and second times, referred to the commit- 
tee of the whole, and ordered to be printed. 


1846] THE CONSTITUTION OF 1846 189 


Mr. Ryan, from the committee to whom was referred article No. 1, 
relative to banks and banking, reported the same back to the conven- 
tion, which report was accepted. 

Mr. Tweedy moved that said report together with the original re- 
ferred to said committee be printed and made the special order of 
the day for Monday next, which was agreed to. 

Mr. Dennis introduced the following preamble and resolution which 
was read, to wit: 

‘“Wuereas the legislative assembly of this territory did by a reso- 
lution entitled ‘Joint resolution in relation to canal funds,’ approved 
February 3, 1846, direct the receiver of the canal lands to pay over to 
the treasurer of the territory all moneys arising from any sale of the 
eanal lands, except the sum required to defray the expenses of the sale, 
and WHEREAS said resolution appropriated so much of the money so re- 
ceived as should be necessary to the payment of the expenses of hold- 
ing this convention, to be paid out in such manner as the convention 
should provide, and wHEREAS the said treasurer has reported to this 
convention that he has now in his hands the sum of $897.16 of the mon- 
eys thus appropriated, now therefore be it, Resolved, That the said 
treasurer be and he is hereby directed to pay over to the President of 
this convention the said sum of $897.16 to be applied towards the pay- 
ment of the expenses of this convention, and the said treasurer is fur- 
ther directed and required forthwith to receive all moneys subject to 
his order arising from the sale of said lands, and to retain the same 
subject to the further order of this convention.”’ 

And on motion, the rule having been first suspended for that pur- 
pose, said preamble and resolution were then taken up and adopted. 

Mr. Burnett introduced the following resolution, which was read, to 
wit: ‘‘Resolved, That the superintendent of territorial property be 
and he is hereby directed to let down the upper sash of the windows 
of the hall of the convention sufficiently low for a proper and healthful 
ventilation of the room.’’ 

Marshall M. Strong moved to amend said resolution by inserting the 
following as a substitute therefor, which amendment was accepted by 
Mr. Burnett as a substitute for his resolution, to wit: ‘‘Resolved, That 
the superintendent of territorial property be requested to change the 
construction of the windows of the hall of the convention in such man- 
ner that the same may be opened at the top; and that the sergeant at 
arms of this convention be instructed to keep all the windows of said 
hall open both at the upper and lower part for one hour each day, from 
seven o’clock A. M., and for one half-hour at noon immediately upon 
the adjournment of the convention at noon, and for one half-hour im- 
mediately upon the adjournment of the convention in the afternoon 
session.”’ 

The said resolution was then adopted. 

Mr. Willard introduced the following resolution, which was read, to 
wit: ‘‘Resolved, That this convention enact a clause in the constitu- 
tion prohibiting the collection by law of all debts of less denomination 
than $50, and abolishing the justices’ courts.”’ 


190 WISCONSIN HISTORICAL COLLECTIONS [ Oct.17 


The business first in order, being article No. 2, ‘‘ Article on suffrage 
and the elective franchise,’’ was then taken up. Mr. Magone moved 
that the said article be postponed and made the special order of the 
day for Wednesday next. And pending the question on said motion, 
on motion of James H. Hall, the convention adjourned. 


1846] THE CONSTITUTION OF 1846 19f 


Monpay, OctToser 19, 1846 


Prayer by the Rev. Mr. Lord. 

The journal of Saturday was read and corrected. 

Mr. Noggle presented the credentials of J ohn Hackett of the county 
of Rock. Mr. Burnett presented those of Daniel R. Burt of the county 
of Grant, and Mr. Lovell those of Mr. Cartter of the county of Racine, 
as members of this convention, who were severally admitted to their 
seats. 

Mr. Burchard, from the minority of the committee on suffrage and 
the elective franchise, reported No. 2, ‘‘Article on election and suf- 
frage.’’ 


‘‘The minority of the committee on suffrage and elective franchise 
respectfully reports to this convention and recommends to be adopted 
into this constitution of this state the following article: 

‘“Seetion 1. Every male person of the age of twenty-one years or 
upwards who shall be a citizen of the United States or who shall have 
filed an oath to support the Constitution of the United States in the 
clerk’s office of a district court shall be entitled to vote at any gen- 
eral election for all officers created by this constitution or established 
by the legislature under this constitution to be elected by the electors 
of this state: Provided, That he shall have been a resident of this 
state for six months, and of the county for one month previous to such 
election. 

<<Seetion 2. All votes shall be given by ballot, and under such regu- 
lations as the legislature shall establish. 

“Section 3. On the day of such general election all electors shall be 
exempted from any public duty, except in time of public danger, and 
privileged from arrest during attendance at, and going to and from 
such election, except for breach of peace, felony, or treason. 

“Section 4. No person shall be deemed to have lost his residence 
by reason of absence on business of the United States or of this state. ~ 

“Section 5. No soldier, seaman, or mariner in the army or navy of 
the United States shall be deemed a resident of this state in conse- 
quence of being stationed in any military or naval place within the 
same. 

CHARLES BURCHARD.”’ 


The report of the committee was accepted. Said article was then 
read the first and second times and referred to the committee of the 
whole and ordered printed. 

Mr. Lovell, from the committee on amendments to the constitution, 
reported No. 8, ‘‘Article on amendments and revision.”’ 


192 WISCONSIN HISTORICAL COLLECTIONS [ Oct. 19 


‘The committee to whom was referred the subject of amendments to 
the constitution have had the same under consideration and recommend 
the adoption of the following article on amendments and revision: 

‘1, Any amendment or amendments to this constitution may be 
proposed in either house of the legislature; and if the same shall be 
agreed to by two-thirds of the members elected to each of the two 
houses, such proposed amendment or amendments shall be entered on 
their journals, with the yeas and nays taken thereon; and shall be pub- 
lished for three months previous to the next annual election; and it 
shall be the duty of the legislature to submit such amendment or 
amendments to the people at the next annual election; and if the peo- 
ple shall approve and ratify such amendment or amendments by a 
majority of the qualified electors voting thereon, such amendment or 
amendments shall become a part of the constitution. Provided, That 
if more than one amendment be submitted, they shall be submitted in 
such manner that the people may vote for or against each amendment 
separately and distinctly. 

““2. Every tenth year after this constitution shall have taken effect, 
it shall be the duty of the legislature to submit to the people at the 
next annual election the question whether they are in favor of calling 
a convention to revise the constitution or not; and if a majority of the 
qualified electors voting thereon shall have voted in favor of a con- 
vention, the legislature shall at its next session provide by law for 
holding a convention, to be holden within six months thereafter. And 
such convention shall consist of a number of members not less than that 
of the house of representatives, nor more than that of both houses 
of the legislature. 

“All of which is respectfully submitted. 

F. S. Loven, Chairman”’ 


The report of the committee was accepted. Said article was then 
read the first and second times, referred to the committee of the whole, 
and ordered to be printed. 

Marshall M. Strong introduced the following resolution: ‘‘ Resolved, 
That the sixth standing rule of the convention be rescinded, and that 
the following rule be substituted in its stead, to wit: The previous 
question shall be in this form: ‘Shall the main question be now put?’ 
It shall only be admitted when demanded by a majority of the mem- 
bers present, and its effect shall be to put an end to all debate and 
bring the convention to a direct vote upon amendments reported by a 
committee, if any, upon pending amendments, and then upon the main 
question. On a motion for the previous question and prior to the sec- 
onding of the same a eall of the convention shall be in order, but after 
a majority shall have seconded such motion no call shall be in order 
prior to a decision of the main question. On a previous question there 
shall be no debate. All incidental questions of order, after a motion 
is made for the previous question, and pending such motion, shall be 
decided, whether on appeal or otherwise, without debate.’’ 

The following resolution was then taken up and adopted, viz., ‘‘Re- 
solved, That the committee upon miscellaneous provisions not em- 


1846 J THE CONSTITUTION OF 1846 193 


braced in subjects committed to other committees be instructed to con- 
sider and report whether or not it is expedient to incorporate a clause 
in the constitution exempting real estate from sale upon execution, and 
also whether or not a clause be incorporated providing for the better 
protection of the rights of married women in their property, and, if 
in their opinion the incorporation of such clause be expedient, that 
they be directed to report proper article[s] for that purpose.’’ 

The following resolution was then taken up and adopted, viz; ‘‘Re- 
solved, That 150 copies of the late act of Congress providing for the 
admission of Wisconsin into the Union be printed for the use of the 
members of this convention.”’ 

The following resolution was then taken up and on motion of Mr. 
Parkinson was referred to the committee on taxation and the public 
debt, viz., ‘‘Resolved, That the legislature shall have no power to pass 
any law authorizing the granting of license for the sale of spirituous 
liquors in this state.’’ 

The following resolution, introduced by Mr. Willard, was then taken 
up, and on his motion was referred to the select committee on the col- 
lection of debts, viz., ‘‘Resolved, That this convention enact a clause 
in the constitution, prohibiting the collection by law of all debts of less 
denomination than fifty dollars, and abolishing the justices court.’’ 

The following resolution was then taken up, to wit: ‘‘ Resolved, That 
there shall be paid to the printers at Madison who furnish newspapers 
to the members of this convention under the resolution adopted by the 
convention six cents apiece for such papers and for reporting and pub- 
lishing therein the proceedings of this convention.’’ 

Moses M. Strong moved to amend said resolution by striking out the 
word ‘‘six’’ and inserting the word ‘‘eight.’’? And the question hav- 
ing been put, it was decided in the negative. And a division having 
been called for, there were ayes 15, noes not counted. The said reso- 
lution was then adopted. 

Mr. Fuller introduced the following resolution, which was read, to 
wit: ‘‘Resolved, That the committee on miscellaneous provisions be 
instructed to inquire into the expediency of providing in the constitu- 
tion an article forbidding the existence of any lottery, or the vending 
of any lottery tickets within this state, and also that they be instructed 
to inquire into the propriety of adopting an article in the constitution 
prohibiting [any] license from being granted for the sale of spirituous 
liquor, or for the exhibition of any jugglers, mountebanks, or wire 
dancers in this state.’’ 

Mr. Phelps introduced the following resolution, which was read, to 
wit: ‘‘WHEREAS, the Treasurer of the territory reports that he has 
paid out of the moneys received from the canal fund the sum of 
$10,338.99, for territorial bonds, script [scrip], auditors’ warrants, and 
other territorial indebtedness, therefore be it Resolved, That a com- 
mittee of five be appointed by the president to examine the aforesaid 
bonds, script [scrip], warrants, and other indebtedness, and report 
to this convention the amount in territorial bonds, script [scrip], 
auditors’ warrants and other territorial indebtedness, severally.”’ 


13 


194 WISCONSIN HISTORICAL COLLECTIONS [ Oct. 19 


On motion of Mr. Phelps the rule requiring resolutions to lie upon 
the table one day before being acted upon by the convention was sus- 
pended in relation to the aforesaid resolution, which was then taken up 


and adopted. 
The President announced the appointment of the following commit- 


tee under said resolution, to wit: 
Messrs. Noah Phelps, William M. Dennis, John Y. Smith, Warren 


Chase, and Coxe. 


Mr. Dennis inquired of the Chair in regard to his success 
under the resolution authorizing him to request the Treasurer 
to pay over the balance in his hands for the use of this con- 
vention. 

The Chair stated that the Treasurer had expressed himself 
unwilling to give a definite answer on the subject at the time, 
but would take legal advice, and do so this morning. 

John Y. Smith was in favor of appointing the committee, 
and therefore hoped the resolution would pass. He had thought 
for several months that there was something wrong in the man- 
agement of this fund. Having some demands on the fund, and 
hearing that the Treasurer had received funds from the sale 
of these lands, which he was paying out to certain individuals, 
he called on him to demand payment, when he equivocated in 
various ways, but at last acknowledged that he had appointed 
his brother an agent, and he had no doubt ‘‘Charley’’ was doing 
what was right about it, although he did not know exactly how 
the funds in his hands had been applied. He would not pre- 
sume to say the Treasurer was speculating with this fund by 
buying up territorial paper, but was convinced there was some- 
thing wrong about it, and thought the convention should find 
out where the mismanagement was. : 

The resolution was adopted, and Messrs. Phelps, Dennis, J. 
Y. Smith, and Coxe appointed a committee to carry it into 
effect. 

Mr. Dennis then introduced a resolution requesting the Gov- 
ernor of the territory to remove the present Treasurer, he 
having proved himself unworthy of the confidence of this con- 
vention and of the people, which was subsequently withdrawn. 

The remainder of the day was spent in ‘‘tinkering’’ the 
report of the committee on banks and banking, and which re- 


1846 ] THE CONSTITUTION OF 1846 195 


sulted in its adoption as amended by the vote which we gave 
in our postscript last week and its engrossment for a third 
reading.—E xpress, Oct. 27, 1846. 


The regular order of business, it being No. 1, ‘‘ Article on banks and 
banking,’’ was taken up, when Mr. Hunkins moved to amend the sixth 
section thereof as reported by the committee by striking out the fol- 
lowing words: ‘‘or of any denomination less than fifty dollars after 
the year 1849.’’ And the question having been taken, it was decided 
in the negative. And the ayes and noes having been called for and 
ordered, those who voted in the affirmative were [affirmative [45], 
negative 60; for the vote see Appendix I, roll call 20]. 

Warren Chase moved to amend by striking out the word ‘‘fifty’’ and 
inserting the word ‘‘twenty”’ in the sixth section of said article. And 
the question having been put, it was decided in the affirmative. And 
the ayes and noes having been called for and ordered, those who voted 
in the affirmative were [affirmative 60, negative 45; for the vote see 
Appendix I, roll call 21]. 

Mr. Moses M. Strong moved to amend said section by adding the 
words, ‘“‘after the year 1851, of any denomination less than fifty dol- 
lars.’’ And the question having been put, it was decided in the nega- 
tive. And the ayes and noes haying been called for and ordered, those 
who voted in the affirmative were [affirmative 52, negative 55; for the 
vote see Appendix I, roll call 22]. 

Mr. Marshall M. Strong moved to amend by striking out all after the 
word “‘states’’ where it last occurs in the second line of the fifth sec- 
tion to the word ‘‘shall’’ in the third line of the same section. And 
the question having been put, it was decided in the affirmative. And 
the ayes and noes having been called for and ordered, those who voted 
in the affirmative were [affirmative 86, negative 18; for the vote see 
Appendix I, roll call 23}. 


Mr. Strong of Racine moved to strike out ‘‘or of any per- 
son or persons doing banking business without this state.’? A 
long discussion here arose, the minority charging the majority 
of “‘crawfishing’’ on the question of private banking, the ma- 
jority denying that they had opposed private individuals doing 
business of receiving deposits, buying bills of exchange, and of 
discounting. The power to issue was all they wished to take 
from the individual. 

Messrs. Strong of Racine, Burchard, W. R. Smith, Strong 
of Iowa, Ryan, Barber, Tweedy, H. Chase, G. B. Smith, and 
Randall participated in the debate. 

The vote was taken by ayes and noes and the amendment was 


196 WISCONSIN HISTORICAL COLLECTIONS [ Oct. 19 


agreed to as follows: ayes 86, noes 18.—Democrat, Oct. 24, 
1846. 


Mr. Moses M. Strong moved to strike out the words ‘‘after the year 
1847’’ where they occur and insert the same words after the words 
‘¢within this state’’ in the first line. And also to strike out the words 
‘after the year 1849’’ where they occur and insert the same words 
after the word ‘‘or.’? And the question having been put, it was de- 
cided in the affirmative. 

Mr. Kellogg moved that the convention adjourn, which was disagreed 
to. And a division having been called for, there were ayes 47, noes 49, 

Mr. Hicks moved to amend by striking out all after the word ‘‘states”’ 
in the third line of the sixth section. And the question having been 
put, it was decided in the negative. And the ayes and noes having 
been called for and ordered, those who voted in the affirmative were 
[affirmative 27, negative 79; for the vote see Appendix I, roll call 24]. 

The President laid before the convention a report of the Treasurer 
of the territory, in answer to a resolution passed on Saturday last, 


which was read, to wit: 
TREASURER’S OFFICE, 


Manison, Oct. 19, 1846. 

To the Hon, D. A, J. Upham 

sir: I have the honor to acknowledge the receipt of a copy of a resolution 
passed by the convention over which you have the honor to preside, appro- 
priating, and ordering me to pay over to yourself the sum of $897.16, being 
the balance remaining in my hands arising from the sale of canal lands. 

The money arising from said sale has been by me deposited with Alexander 
Mitchell Esq., of Milwaukee, for safe keeping (the legislature having in their 
prudent economy never furnished the treasurer with an office, or even a safe, 
. for the convenient transaction of business). I have therefore deemed it pru- 
dent and safe to entrust the territorial fund in the hands of such men as have 
heretofore been made depositories of the moneys of the United States. 

As soon as the money can be transmitted from Milwaukee to this place the 
appropriation to yourself by the convention, of $897.16, will be promptly paid. 

I have the honor further to state that all money hereafter coming into my 
hands from the canal funds will be subject to the further pleasure of the con- 
vention. 


All of which is most respectfully submitted. 
J. LARKIN Jg., Treasurer W. T. 


On motion of Asa Kinne the convention adjourned until two o’clock, 
PM, 


TWO O'CLOCK, P. M. 


Marshall M. Strong moved to suspend the rules for the purpose of 
considering the resolution in relation to the sixth standing rule offered 
by him, which was agreed to. Said resolution was then taken up and 


adopted. 
“Mr. Burchard moved to amend No. 1, ‘‘Article on banks and bank- 


1846 ] THE CONSTITUTION OF 1846 197 


ing,’’ by striking out the sixth section thereof. And the question hav- 
ing been put, it was decided in the negative. And the ayes and noes 
having been called for and ordered, those who voted in the affirmative 
were [affirmative 30, negative 68 ; for the vote see Appendix I, roll call 
25]. 

George B. Smith moved further to amend by adding the following 
section, to wit: 

“*Section 8. Whenever two-thirds of the members of the legislature 
of this state deem it necessary to amend or alter this article, they may 
recommend to the electors of this state the proposed amendment or 
alteration shall be distinctly and fully published in six weekly news- 
papers published in different sections of the state for six months imme- 
diately previous to any general election. And if a majority of the 
electors at said election shall vote to accept the proposed amendment 
or alteration, as shall be made to appear as [at] the proper office ap- 
propriated [appointed] by law to canvass the votes for members of 
Congress, then this article shall be so amended or altered, and such 
alteration or amendment shall be considered of as binding effect as any 
provision of this constitution.”’ 

Moses M. Strong demanded the previous question, which was sus- 
tained. And the question having been put, ‘‘Shall the main question 
be now put?’’ it was decided in the affirmative. 

The President decided that under the new rule adopted the previ- 
ous question would be on the pending amendment. And the question 
having been put, it was decided in the negative. And the ayes and 
noes having been called for and ordered, those who voted in the affirma- 
tive were [affirmative 17, negative 84; for the vote see Appendix I, 
roll call 26]. 

The question then recurred on the adoption of the report of the com- 
mittee as amended. And having been put, it was decided in the affirm- 
ative. And the ayes and noes having been called for and ordered, those 
who voted in the affirmative were [affirmative 79, negative 23; for the 
vote see Appendix I, roll call 27]. 

The question was then put on ordering the said article to be en- 
grossed for its third reading and was decided in the affirmative. 

Mr. Ryan introduced the following resolution, which was read, viz, 
“Resolved, That the rules for the government of this convention as 
now adopted be referred to a select committee of five, with instruc- 
tions to revise and arrange the same, and report the same to the con- 
vention.’”’ And on motion, the rule having been first suspended for 
that purpose, the said resolution was taken up and adopted. 

The Chair announced the appointment of the following committee 
under said resolution, to wit: Moses M. Strong, Marshall M. Strong, 
Burnett, Baker, and Randall. 

Mr. Randall, by leave, introduced the following resolution, which 
was read, viz., ‘‘Resolved, That the Secretary of this convention be. 
authorized to employ such assistants as may be necessary to do the 
business of the convention,’? when Mr. Dennis moved to amend the 
same as follows, by striking out all after the word “‘resolved’’ and in- 


198 WISCONSIN HISTORICAL COLLECTIONS [ Oct. 19 


serting ‘‘that the convention do now proceed to elect by ballot a sec- 
ond assistant secretary of this convention.’’ And the rule having been 
first suspended for that purpose, the question was then put on adopt- 
ing the said amendment and was decided in the negative. The ques- 
tion then recurred on the adoption of the resolution. And having been 
put, it was decided in the affirmative. 


Mr. Reed stated that he understood the Secretary was will- 
ing to withdraw his resignation if the convention would allow 
him sufficient assistance to accomplish the duties of his office. 

Mr. Randall, by leave, offered the following resolution: ‘“Re- 
solved, That the Secretary of this convention be authorized 
to employ such assistants as may be necessary to do the bus- 
iness of the convention.”’ 

Mr. Dennis moved to amend so as to elect by ballot, which 
was rejected, and the original resolution adopted.—Democrat, 
Oct. 24, 1846. 


Moses M. Strong moved that the convention resolve itself into com- 
mittee of the whole for the consideration of No. 2, ‘‘ Article on suffrage 
and the elective franchise.’’ And pending the question on said mo- 
tion, on motion of Mr. Hunkins the convention adjourned. 


1846 ] THE CONSTITUTION OF 1846 199 


TurEspAy, OcToBer 20, 1846 


Prayer by the Rev. Mr. McHugh. 

The journal of yesterday was read and corrected. 

Mr. Hunkins, from the committee on engrossment, reported No. 1, 
‘* Article on banks and banking,’’ as correctly engrossed. 

Mr. Crawford, from the select committee to which had been referred 
the resolution to abolish all laws for the collection of debts, reported 
No. 9, ‘‘ Article on the collection of debts.’’ 


‘‘The committee to whom was referred the resolution to abolish all 
laws for the collection of debts, after taking the subject into considera- 
tion, beg leave to report the following article: 

‘Section 1. There shall be no law imposed within this state for the 
collection of any debts of a less amount than $100 contracted within 
this state after the adoption of this constitution. 

“Section 2. The legislature shall have no power to enact any law 
for the collection of debts contracted within this state of a less amount 
than $100 after the adoption of this constitution. 

Joun CrAwForp, Chairman’’ 


The said report was accepted, the committee discharged, the article 
read the first and second times, referred to the committee of the whole, 
and ordered to be printed. 

Mr. Goodell introduced the following resolution, which was read, to 
wit: ‘‘Resolved, That the committee on miscellaneous provisions not 
embraced in the subjects committed to other committees be requested to 
introduce a provision to be incorporated in the constitution, forever 
prohibiting imprisonment for debt.”’ 

Moses M. Strong introduced the following resolution, which was read, 
to wit: ‘‘Resolved, That all debate in committee of the whole on the 
majority and minority reports (No. 2) on suffrage and elective fran- 
chise shall cease on Thursday morning the twenty-second of October 
instant, at eleven o’clock (if the committee shall not sooner come to a 
conclusion on the same) and the committee shall then proceed to vote 
on such amendments as may be pending, or offered to the same, and 
shall then report it to the convention with such amendments as may 
have been agreed to by the committee.”’ 

Warren Chase introduced the following resolution, which was read, 
to wit: ‘‘ Resolved, That the committee on expenses of this convention 
be instructed to ascertain and report the amount due the members of 
this convention for mileage to and from this place.’’ 

Mr. Cruson introduced the following resolution, which was read, to 
wit: ‘‘Resolved, That the committee on education, schools, and school 
funds be instructed to inquire into the expediency of engrafting a pro- 
vision in the constitution, making it imperative on the legislature to 
provide the necessary means, by taxation or otherwise, for placing a 


200 WISCONSIN HISTORICAL COLLECTIONS [ Oct. 20 


common school education within the reach of all the children of the 
state.”’ 

Mr. James introduced the following resolution, which was read, to 
wit: ‘‘Resolved, That no person or persons shall ever be permitted to 
purchase or own any real estate within this state who are not capable 
of becoming citizens of the United States.”’ 

The resolution relative to granting licenses for the sale of spirituous 
liquors and exhibitions, introduced on yesterday, was taken up, and on 
motion of Mr. Fuller it was referred to the committee on miscellaneous 
provisions. 

No. 1, ‘‘ Article on banks and banking,’’ was then taken up and read a 
third time, when Mr. Prentiss moved to [commit] the same to a select 
committee of five, with instructions to report the following article as a 
substitute, to wit: 

‘“Section 1. The legislature shall not, for five years from and after 
the establishment of this constitution, be permitted to incorporate or 
authorize, in any manner or form, any bank or other institution hav- 
ing any banking power or privilege, or to confer upon any person or 
persons any special banking [power or] privilege. Nor shall the legis- 
lature at any time hereafter be permitted to incorporate or authorize 
in any manner or form any bank or institution having any banking 
power or privilege, or to confer upon any person or persons any spe- 
cial banking power or privilege, except by a vote of two-thirds of each 
branch of the legislature; and unless such person or persons, such bank 
or other institution, shall give good and sufficient security to the state, 
to be approved by the governor, for the ultimate discharge of all their 
liabilities, and unless the members of such bank or other institution 
shall be made liable individually for the debts of such bank or other 
institution. Nor shall any corporation or institution exercise any bank- 
ing power whatever, unless authorized by the legislature as aforesaid.’’ 

And the question having been put, it was decided in the negative. 

Pending the question on the passage of the said article Mr. Magone 
moved a call of the convention, which was ordered, and Messrs. Barnes 
Babcock, Chamberlain, Dunning, Fitzgerald, Hunkins, J enkins, Judd, 
Mills, Phelps, Rankin, Rogan, Steele, Topping, Turner, Vineyard, 
Whiteside, and Wilson reported absent. 

On motion, the following named gentlemen were excused from their 
attendance to wit: Messrs. Barnes, Babcock, Chamberlain, Dunning, 
Fitzgerald, Jenkins, Judd, Mills, Phelps, Steele, Topping, and Turner. 

Marshall M. Strong moved that all further proceedings under the call 
be dispensed with, which was disagreed to. Moses M. Strong moved 
that all further proceedings under the call be dispensed with, two of 
the absentees having appeared in their seats. And the question having 
been put, it was decided in the negative. And a division having been 
called for, there were 27 in the affirmative and 53 in the negative. Mr. 
Magone moved that all further proceedings under the call be dispensed 
with, which was agreed to. 

The question then recurred on the passage of No. 1, “‘Article on 
banks and banking.’’ And having been put, it was decided in the af- 


1846 ] THE CONSTITUTION OF 1846 201 


firmative. And the ayes and noes having been called for and ordered, 
those who voted in the affirmative were [affirmative 80, negative 24; 
for the vote see Appendix I, roll call 28]. 

So the article passed, and the title thereof was agreed to. 


The article having been reported as correctly engrossed was 
read a third time when Mr. Prentiss said he had no desire to 
discuss the subject of banks and banking, but that his course 
might not be liable to misconception he wished to state briefly 
some of the reasons why he could not vote for the article as re- 
ported from the committee. Whenever it was his duty to act so 
as to affect materially the welfare of the country or any portion 
of it, he would pursue that course which he believed most con- 
ducive to that welfare, whatever might be the consequences in- 
dividually to himself. If he could not please all his friends, he 
could only say it was as much a source of regret to him as it 
could be to them. The question was not whether there should be 
a bank but whether they would give the power to the legislature 
of authorizing banking in any form, at any future day, in any 
possible contingency that might occur, with proper guards and 
under proper restrictions. The great principle involved in this 
article, if fairly developed, would reduce the currency of the ter- 
ritory, which is now a mixed one, to one of a purely metallic 
character. The mere inhibition upon the legislature of authoriz- 
ing banking in any form is but half the work. To carry out the 
principle they must expel from the currency of the state every- 
thing but hard money; and that in the present age he believed 
was utterly impossible. In viewing this question they should 
not act with reference to first principles merely—they should 
not look upon the thing in the abstract only, as if it were new 
and untried—but they should have regard to the circumstances 
in which they were placed and the relations which they bear to 
other states, and see how they would be affected by attempting 
to carry out the principle. If they were an isolated people, 
separated from all the rest of the civilized world, perhaps the 
principle as contained in the article might be well enough in 
practice; but as they now were, in their present condition, the 
principle he believed was utterly impracticable. If they were 
to inhibit every species of banking as a necessary consequence 


202 WISCONSIN HISTORICAL COLLECTIONS [ Oct. 20 


they must prevent the influx of foreign issues. It is in vain 
to inhibit all banking, and yet permit the circulation here of 
bank notes of other states, over which banks they can exercise 
no control or regulating power, and of the character of whose 
notes they can know little or nothing. He would have no bank- 
ing, under any circumstances, unless it could be done safely to 
the public and for their convenience. He was as unfriendly as 
anyone to irresponsible banking, and he was equally as un- 
friendly to any principle which, if carried out, would tend to 
impair or check the increasing prosperity of the country. This 
article forever prohibits the legislature from authorizing bank- 
ing of any kind, under any restrictions. He was unwilling that 
the legislature should have no power, at any future time, when 
perhaps the circumstances and necessities of the people might 
require it, to permit banking, with proper guards and under 
proper restrictions. Nor was he willing that the present pop- 
ulation of the territory, of 160,000, should bind half a million 
of people, to which the population of the territory would soon 
swell, upon a matter of at least doubtful policy. Besides, a 
constitution, in his apprehension, should consist of few, simple, 
and fundamental principles, and not of matters of questionable 
expediency or doubtful policy. Those should be left to the 
legislature properly restricted; and especially should they not 
insert into the constitution provisions which cannot be en- 
forced. 

Mr. Prentiss concluded by moving to refer the article to a 
select committee of five with instructions to report an amend- 
ment, which he would read as follows: * * * 

Mr. Dennis in reply to Mr. Prentiss said that he and that 
gentleman lived within a quarter of a mile of one another, and 
he thought he knew something of the opinion of the constitu- 
ents of the gentleman. So far as that knowledge extended 
they were a decidedly antibank community, and he much mis- 
took them if they would sustain him in the positions he had 
just taken. He goes for the establishment of banks, and yet 
stands here the representative of as hard a constituency as 
there is in Wisconsin. 


1846 ] THE CONSTITUTION OF 1846 203 


George Hyer had but a few words to say in reply to the re- 
marks of his colleague, Mr. Prentiss. The subject of banks 
was one in which his constituents feel a deep interest, and so 
far as an expression has ever been given by them upon the 
subject it has been adverse to the arguments and position of 
his colleague. He, Mr. Hyer, should oppose the substitute of his 
colleague because it provided for the establishment of banks, 
a proposition which he believed to be in direct opposition to 
the will of the democracy of Jefferson County, and one which 
he felt himself instructed to oppose. Hither his colleague or 
himself had widely mistaken the wishes of their constituents 
upon this subject, and for himself he wished so to record his 
votes and views upon the subject under consideration that his 
constituents need have no difficulty in ‘‘defining his position.”’ 
He believed he represented a ‘‘hard currency’’ constituency— 
a constituency wholly opposed to banks; and it was such a con- 
stituency he wished to represent, for none other could he rep- 
resent in carrying out his own views—he being in the classifi- 
eation of parties a ‘‘hard.’’ The county of Jefferson, as re- 
gards the paper currency, was unfortunately located—it is an 
interior county just far enough from the brokers and money 
shavers of Milwaukee to share largely in all the fraudulent and 
broken bank paper in which the money brokers of that city are 
speculating—an imposition to which they will be subjected so 
long as bank paper is permitted to circulate as a currency; and 
it is far enough from the mining district not to be benefited 
by its hard money currency. The people of that county are an 
agricultural people, and their principal product is wheat, 
which, if they wish to raise money on, they are obliged to take 
to Milwaukee to market. There is no other cash market with- 
in their reach, and here they are paid off in miserable rags, to 
convert which into money, gold and silver, they are obliged to 
suffer a shave of three or four per cent. Gentlemen say if we 
exclude paper wholly from circulation there will be a depre- 
ciation in the price of wheat of three or four cents on the 
bushel. He, Mr. Hyer, did not believe such a depreciation would 
take place, but if it did it would then be preferable to the pres- 
ent shaving system. He did not believe Jefferson County had 


204 WISCONSIN HISTORICAL COLLECTIONS [ Oct. 20 


been free for the past eight years from an unequal share of 
bad paper in its currency, and he believed the people were now 
ready and anxious to free themselves from the trash which has 
been so long imposed upon them as money. 

One word more, as to the word ‘‘crawfish’’: He was a 
Democrat from the crawfish, but not a crawfishing Democrat. 
When among his constituents he prided himself as being a 
‘‘erawfish’’ Democrat—for as he and they understand the na- 
ture of that fish, when it gets hold, ‘‘it holds on’’—but as he 
understands the term here a ‘‘crawfish’’? Democrat gets hold 
only ‘‘to let go.’’ He wished gentlemen to be more particular 
in the application of the term. 

Mr. Prentiss said that he knew many men of his county who 
were favorable to banks. In fact such seemed to be the opin- 
ion of all with whom he had conversed in his neighborhood.— 
Argus, Oct. 27, 1846. 


On motion, the convention resolved itself into committee of the whole 
for the consideration of the majority and minority reports [on] No. 2, 
‘¢ Article on suffrage and the elective franchise,’’ Mr. Baird in the chair. 
And after some time spent therein [the committee] rose and by their 
chairman reported progress thereon and asked leave to sit again. Leave 
was granted. 

On motion of Moses M. Strong the convention took a recess until two 
o’clock P. M. 


The bill was therefore passed under the title of ‘Article on 
banks and banking.’’ 

The convention then resolved itself into committee of the 
whole, Mr. Baird in the chair, on 


SUFFRAGE AND ELECTIVE FRANCHISE 


The majority and minority reports were before the commit- 
tee, which the Chair decided to take up section by section. The 
first section was accordingly taken up. 

Moses M. Strong had some amendments to offer to perfect 
the report, to prevent any unnecessary discussion upon its pro- 
visions. He remarked that if the amendments elicited any de- 
bate, he should withdraw them and introduce them again at 
some future stage of the proceedings on this subject. One of 


1846 ] THE CONSTITUTION OF 1846 - 205 


these amendments was to extend the right to all Indians who 
have been declared citizens by laws of the United States and 
was adopted. Another was the exemption of voters from ar- 
rest on the day of election, to which there were many objections 
raised, and was accordingly withdrawn. Another was to ex- 
cuse voters from attending courts of justice on election days, 
which was also debated and withdrawn. 

Mr. Ryan offered an amendment to amend the report by 
striking out ‘‘viva voce’’ and make all elections by ballot, 
which amendment he supported at considerable length. 

Mr. O’Connor was in favor of the amendment. He had seen 
the evil consequences arising from the system of voting viva 
voce in Canada, where men would be fearful of voting as their 
consciences would dictate, as they would thereby offend their 
masters. 

Mr. Whiteside was opposed to striking out; his experience 
convinced him that the viva voce system was preferable for 
various reasons, among which was that it was the most ex- 
peditious method, and afforded greater facilities for making 
returns. 

Mr. Burnett was also in favor of the viva voce system, and 
among the reasons he gave were the comparative ease with 
which contested elections may be decided where this method 
of voting is adopted, and the prevention of legal voters who 
may have been born in another country and not able to read 
our language, as well as those who may have been born among 
us and not taught to read or write their mother tongue, being 
imposed upon by false ballots thrust upon them by designing 
men of all parties, to serve their own particular ends, and 
against the wishes of such voters. 

Mr. Baker thought that to compel men to vote viva voce was 
violating a fundamental law of our institutions. He took the 
ground that every citizen of the United States was a free- 
man—a sovereign in his own right, and was responsible to no 
one how he voted; it was a matter between his conscience and 
his God for whom he voted. He would vote for the amend- 
ment. 


206 WISCONSIN HISTORICAL COLLECTIONS [ Oct. 20 


Moses M. Strong said he was not tenacious of this point. 
He was in favor of it himself, but would admit that he believed 
the majority of the people of the territory were in favor of 
the ballot system; which was the reason why he had not de- 
fended the point. 

The question was taken on Mr. Ryan’s amendment to adopt 
the ballot system, and carried. 

The convention then adjourned to two o’clock—Ezpress, 
Oct. 27, 1846. 


TWO O’CLOCK, P. M. 


The convention again resolved itself into committee of the whole for 
the further consideration of the minority and majority reports on suf- 
frage and the elective franchise, Mr. Baird in the chair. And after 
some time spent therein [the committee] rose and by their chairman 
reported progress thereon and asked leave to sit again. Leave was 
granted. 

Mr. Tweedy moved that the first section of said article, as amended, 
be written out in a legible hand by the secretary, which was agreed to. 

On motion of N. F. Hyer, the convention adjourned. 


AFTERNOON SESSION 


Mr. Burnett offered an amendment to strike out the clause 
which excepts postmasters from ineligibility to hold office un- 
der the state government. This was another fruitful topic for 
discussion. 

Mr. Magone was opposed to allowing postmasters to hold 
office under the state, as they would be liable to exert an undue 
influence in an election for United States senator for instance, 
if elected to a seat in the legislature. 

Mr. Noggle proposed an amendment to the amendment by 
excepting those postmasters only from eligibility, who received 
pay or emoluments from the general government, observing 
that a large proportion of the postmasters in the territory held 
such offices not for any emolument to themselves but for the 
convenience of the neighborhood in which they reside. 

The question was then taken on Mr. Burnett’s amendment, 
and it was lost. 

Mr. Ryan got the floor and proposed several amendments to 
the first section, each of which was discussed at considerable 


1846 ] THE CONSTITUTION OF 1846 207 


length; the first was to strike out the clause requiring a resi- 
dence of ‘‘ten’’ days in any county or town to vote at any elec- 
tion therein, and to make it ‘‘thirty’’ days. 

This amendment was strenuously opposed by Moses M. 
Strong and advocated by Messrs. Randall and Barber. The 
ground taken by the advocates of the amendment was the com- 
parative ease with which ‘‘pipe-laying’’ could be carried on in 
adjoining counties, were it only requisite that a man should be 
obliged to reside in a county only ten days to allow him the 
privilege of voting therein. 

The question was finally put, and the amendment lost. 

The second and third amendments were to strike out the 
portions of the report exempting foreigners from declaring 
their intentions of becoming citizens before being allowed to 
vote, in case Congress should dispense with such requisition. 
These amendments were also discussed for an hour or two by 
Messrs. Ryan, J. Y. Smith, Burnett, and others. 

Mr. Harkin said he was a foreigner, but did not wish to see 
any distinction made between foreigners now in the state and 
those who might hereafter come into it. Those who were now 
in the country had declared their intentions before being al- 
lowed to vote, and he never wished to see a foreigner come up 
to the polls to vote who begrudged taking this oath of allegi- 
ance. . 

Mr. Huebschmann was also a foreigner and took the same 
view of the case. 

The question upon these two amendments was taken, and 
they were severally adopted. 

The report as it stood would have given to foreigners the 
privilege of exercising all the rights and privileges of citizens 
of the United States, while they would be exempted from any 
of their duties; and also from any prosecution for treason 
against the country in which they were exercising these rights 
and privileges. 

The next amendment came from Mr. Reed, which was to al- 
low electors to vote at state elections in any part of the state 
in which they may chance to be at the time of holding such elec- 
tions, which was carried without much opposition. 


208 WISCONSIN HISTORICAL COLLECTIONS [ Oct. 20 


Moses M. Strong offered an amendment as follows, ‘*to 
strike out the word ‘Indian’ and insert ‘any male Indian of the 
age of twenty-one years and upwards,’ ’’? which amendment 
[was] adopted. 

An amendment was then introduced to strike ou atx 
months’? and make it necessary to reside one year in the state 
before exercising the right of suffrage. This also elicited con- 
siderable debate. 

Moses M. Strong said he was in favor of this amendment, 
and was before the report was submitted, but was overruled 
by the majority of the committee. He was convinced that the 
measure would be popular in his section of the country, for the 
reason that it would prevent the interference in elections of a 
numerous class of individuals called ‘‘suckers,’? who come up 
to the mines in the spring, and take the ‘‘sucker shute’’ in the 
fall. These were residents of the state of Illinois, who em- 
ployed themselves on various ways about the mining region 
during a portion of the year, and would, if six months only were 
necessary to qualify them for voters, exercise that privilege in 
this state. 

Mr. Baker also spoke in favor of the amendment. And it 
was ultimately carried. 

Mr. Holcombe introduced an amendment to extend the right 
of suffrage to ‘‘half-breeds,’’ which was adopted. He also of- 
fered an amendment to allow the oath of allegiance or declara- 
tion of intentions to be made and filed in the office of the clerk 
of the board of supervisors of a county, observing that in La 
Pointe County there was no court of record, such as was pre- 
scribed by the article, and a man would be compelled to travel 
some hundreds of miles to file his oath or declare his intentions. 

Mr. Ryan amended by allowing such a course to be taken in 
counties where courts of record do- not exist, which was 
adopted. 

Marshall M. Strong offered, as an amendment, to add to the 
first section a prohibition of the right of suffrage to paupers, 
and that laws be passed to prohibit habitual drunkards, idiots, 
insane persons, or those convicted of infamous crimes, such as 
murder, arson, or forgery, from voting. The clause prohibit- 


1846 ] THE CONSTITUTION OF 1846 209 


ing paupers was stricken out upon motion of Mr. Magone, and 
the remainder was adopted. 

Mr. Giddings offered an amendment to strike out the word 
‘twhite,’’ so that it would read ‘‘any male person,”’ etc., which 
he subsequently withdrew. 

The committee then rose and reported progress, and leave 
was granted to sit again—HEzpress, Oct. 27, 1846. 


14 


210 WISCONSIN HISTORICAL COLLECTIONS [ Oct. 21 


WEDNESDAY, OcTOBER 21, 1846 


The journal of yesterday was read and corrected. 

Petitions were presented and referred as follows: 

By Mr. Burchard, a petition of 85 inhabitants of Waukesha County, 
asking that a provision be adopted in the constitution allowing all per- 
sons to enjoy the elective franchise without distinction of color, which 
on his motion was referred to the committee of the whole. 

By Mr. Fuller, a petition of citizens of Wisconsin Territory, asking 
to have a provision engrafted in the constitution exempting from exe- 
cution a certain amount of property; also, a petition of citizens of the 
county of Dane on the same subject, which, on his motion, were referred 
to the committee on miscellaneous provisions not embraced in the sub- 
jects committed to other committees. 

Marshall M. Strong asked that leave of absence be granted to Mr. 
Dickinson. Leave was granted. . 

Moses M. Strong, from the select committee to which had been re- 
ferred the rules for the government of this convention to revise and 
correct, reported the same back to the convention with amendments. 
The said report was accepted and the committee discharged from the 
further consideration of the subject. ' 

Marshall M. Strong moved to amend the report, so that the morning 
hour of [meeting] be ten o’clock. And the question having been put, 
it was decided in the negative. And a division having been called for, 
there were 15 in the affirmative, negative not counted. 

Moses M. Strong moved that the rules as reported be adopted and 
that 200 copies be printed in pamphlet form, and in connection there- 
with a list of the standing committees, the names of the members of 
the convention, their residence and boarding house, which was 
agreed to. 

Marshall M. Strong, from the committee on the constitution and or- 
ganization of the legislature, reported No. 10, ‘* Article on the consti- 
tution and organization of the legislature.’’ 


<The committee on the constitution and organization of the legisla- © 
ture report the following article: 

‘“Seetion 1. The legislative power shall be vested in a senate and 
house of representatives. 

“Section 2. The number of members of the house of representatives 
until otherwise provided shall be 45, which number shall never be 
diminished, but may be increased by law to any number not greater 
than 100; the senate shall at all times equal in number as nearly as 
may be one-third of the number of the members of the house of repre- 
sentatives. 

‘‘Section 3. The legislature shall provide by law for an enumeration 
of the inhabitants of this state in the year 1855, and at the end of every 


1846] THE CONSTITUTION OF 1846 211 


ten years thereafter, and may also provide for such enumeration in the 
year 1848; and at their first session after each enumeration so made as 
aforesaid, and also after each enumeration made by the authority of 
the United States, the legislature shall apportion anew the representa- 
tives and senators among the several districts according to the num- 
ber of inhabitants, excluding Indians not taxed and soldiers and officers 
of the United States army and navy. 

‘Section 4. The state shall be divided by the legislature at its first 
session after each new apportionment into as many representative dis- 
tricts as there shall be representatives to be elected, and also into as 
many senate districts as there shall be senators to be elected; such dis- 
tricts shall be composed of contiguous territory. 

‘‘Section 5. The representatives shall be chosen annually on the 
day of the general election, by the qualified electors of the several dis- 
tricts ; the senators shall be chosen biennially for two years, at the same 
time and in the same manner as the representatives are required to be 
chosen. ( 

‘Section 6. Senators and representatives shall be qualified electors 
in the respective districts which they represent, and shall have resided 
at least one year in the state. 

**Section 7. No person holding any office under the United States, 
postmasters excepted, shall be eligible to either house of the legislature. 

**Section 8. A majority of each house shall constitute a quorum to 
do business; but a smaller number may adjourn from day to day, and 
may compel the attendance of absent members, in such manner and 
under such penalties as each house may provide. Each house shall 
choose its own officers. 

“*Section 9. Each house shall determine the rules of its proceedings 
and judge of the qualifications, elections, and returns of its own mem- 
bers; may punish contempts, and its members for disorderly behavior; 
and may, with the concurrence of two-thirds of all the members elected, 
expel a member; but no member shall be expelled a second time for the 
same cause. 

**Section 10. Senators and representatives shall in all cases except 
treason, felony, and breach of the peace be privileged from arrest; nor 
shall they be subject to any civil process during the session of the leg- 
islature, nor for fifteen days next before the commencement and after 
the termination of each session. 

“‘Section 11. The legislature shall meet at the seat of government 
on the second Thursday of January in every year, and at no other 
period, unless otherwise directed by law or provided for in this con- 
stitution. 

*“Section 12. The governor shall issue writs of election to fill such 
vacancies as may occur in the senate and house of representatives. 

“‘Section 13. The style of the laws of this state shall be, ‘It is en- 
acted by the legislature of the state of Wisconsin as follows, viz.’ 

“Section 14. Each member of the legislature shall receive for his 
services two dollars for each day’s attendance during the first thirty 
days of any session, and one dollar for each day’s attendance during 


212 WISCONSIN HISTORICAL COLLECTIONS [ Oct. 21 


the remainder of such session, and ten cents for every mile he shall 
travel in going to and returning from the place of meeting of the leg- 
islature, to be computed by the most usually traveled route. 

“Section 15. Every bill which shall have passed both houses of the 
legislature shall be presented to the governor; if he approve, he shall 
sign it and transmit it to the secretary, but if not, he shall return it 
to the house in which it originated, with his objections, which shall be 
entered on the journal of the house; and if such house shall upon re- 
consideration again pass it by a majority of all the persons elected to 
such house, it shall be sent, with the objections, to the other house, and 
if approved also by a majority of all the persons elected to that house, 
it shall become a law; but in such cases, the votes of both houses shall 
be determined by ayes and nays, and the names of the members voting 
for or against the bill shall be entered on the journal of each house 
respectively. If any bill shall not be returned by the governor within 
three days after it shall have been presented to him, the same shall be- 
come a law in like manner as if he had signed it. And all bills which 
shall have been presented to the governor twelve hours before the end 
of the session of the legislature shall be signed by him or returned 
with his objections.’ 


The said report was accepted and read the first and second times and 
referred to the committee of the whole and ordered printed. 

Resolutions were introduced and read as follows, to wit: 

By Wm. R. Smith, ‘‘ Resolved, That the committee on miscellaneous 
provisions be instructed to embody in their report the following articles: 


‘‘Wirst. The political year shall begin on the first day of January. 

““Seeond. WHEREAS ministers of the gospel are by their profession 
dedicated to the service of God and the care of souls, and ought not to 
be diverted from the great duties of their functions, therefore no min- 
ister of the gospel or priest of any denomination whatsoever shall at 
any time hereafter, under any pretence or description whatever, be 
eligible to, or capable of holding any civil or military office or place 
within this state. 

‘Third. All property of the wife owned by her at the time of her 
marriage and that acquired by her afterwards by gift, devise, descent, 
or otherwise than from her husband shall be her separate property. 
Laws shall be passed providing for the registry of the wife ’s property 
and more clearly defining the rights of the wife thereto, as well as prop- 
erty held by her with her husband.”’ 

By Mr. Cooper, ‘‘Resolved, That the sergeant at arms shall prohibit 
smoking in this hall during the daytime while this convention shall re- 
main in session.”’ 

By Mr. Moore, ‘‘ Resolved, That the subject on negro suffrage be sub- 
mitted to the people in a distinct proposition to be voted on at the next 
general election, and, if approved, shall become a part of the constitu- 
tion.’’ 

The following resolution was taken up and adopted, to wit: ‘‘Re- 
solved, That the committee on the organization and functions of the 


1846] THE CONSTITUTION OF 1846 213 


judiciary be instructed to inquire into the expediency of providing in 
this constitution that the legislature, at its first session after the adop- 
tion of the constitution, shall provide by law for the appointment of 
three commissioners, whose duty it shall be to revise, reform, simplify, 
and abridge the statutes and the rules of practice, pleadings, forms, 
and proceedings of the courts of record of this state, and to report 
thereon to the legislature, subject to their adoption and modification.’’ 

The following resolution was taken up and adopted, to wit: ‘‘Re- 
solved, That the committee on miscellaneous provisions not embraced — 
in the subjects committed to other committees be instructed to inquire 
into the expediency of introducing a provision to be incorporated in 
the constitution, forever prohibiting imprisonment for debt.’’ 

The resolution introduced by Mr. Strong on yesterday, relative to 
terminating all debate on No. 2, ‘‘ Article on suffrage and elective fran- 
chise,’’ was taken up, when Mr. Hunkins moved that said resolution 
be laid on the table. And the question having been put, it was de- 
cided in the affirmative. And a division having been called for, there 
were 49 in the affirmative and 24 in the negative. 

The following resolution was taken up and adopted, to wit: ‘‘Re- 
solved, That the committee on expenses of this convention be instructed 
to ascertain and report the amount due the members of this conven- 
tion for mileage to and from this place.’’ 

The resolution introduced by Mr. Cruson on yesterday, relative to 
education, was taken up, when Mr. Cruson moved to refer the same to 
the committee on education, [schools, and] school funds, which was 
agreed to. 

The following resolution was then taken up, to wit: ‘‘ Resolved, 
That no person or persons shall ever be permitted to purchase or own 
any real estate within this state who are not capable of becoming eit- 
izens of the United States.’’ Mr. James moved to refer the same to 
the committee on miscellaneous provisions, which was agreed to. 

The convention then resolved itself into committee of the whole for 
the consideration of No. 2, ‘‘ Article on suffrage and the elective fran- 
chise,’’ Mr. Baird in the chair. And after some time spent therein, 
rose and by their chairman reported progress thereon and asked leave 
to sit again. Leave was granted. 


On motion of Mr. Ryan the convention took a recess until two 
o’clock, P. M. 


Mr. Reed offered an amendment to the report, to strike out 
‘‘twenty-one”’ and insert ‘‘eighteen’’ as the age at which citi- 
zens should become eligible to exercise the right of suffrage. 

Mr. Baker moved to amend the amendment by striking out 
‘‘eighteen’’ and inserting ‘‘twenty-five.’’ 

The question was first put upon Mr. Baker’s amendment, 
which was lost, and then recurred upon Mr. Reed’s, which 
shared the same fate. 


214 WISCONSIN HISTORICAL COLLECTIONS [ Oct. 21 


Mr. Giddings offered an amendment to strike out the 
‘‘white’’ before male persons, which would extend the right of — 
suffrage to every male person over twenty-one years of age. 

Mr. Magone offered as an amendment that the word male 
be stricken out and the right of suffrage be extended to females 
as well as males. 

Moses M. Strong hoped the gentleman would withdraw the 
last amendment and allow those in favor of negro suffrage to 
obtain a vote and have a fair test of the question. 

Mr. Magone was in favor of females voting and wished to 
tack the motion to a popular resolution to insure its success. 

Mr. Strong said he was a friend to females, and it was for 
that reason he did not wish to see them tacked on to negroes. 

Some further conversation passed between the gentlemen on 
the subject, and the question was then put on the adoption of 
Mr. Magone’s amendment, which was lost. 

The question then recurred upon the amendment of Mr. Gid- 
dings to strike out the word ‘‘white.’’ 

Warren Chase supported the amendment, not from any per- 
sonal considerations, for he was connected with abolitionism in 
no manner or form; neither was there a negro in the county 
which he represented; but he considered it a great matter of 
expediency to abolish this distinction; the existence of this one 
word in the article was, in his view, the very foundation upon 
which the abolition party would be raised and other parties 
distracted. 

Mr. Ryan was opposed to the amendment. In the first place, 
he believed that this extension of the right of suffrage would 
cause our state to be overrun with runaway slaves from the 
South, who now made the Canadas their point of destination. 
He believed God had placed an insuperable mark of separation 
upon the two races, and he believed that those whom God had 
placed apart no man should bring together, as much as he did 
the command ‘‘that those whom God had joined together no 
man should put asunder.’’ It was not right to mingle together 
two races whom God had declared could not mingle. Mr. Ryan 
continued his remarks at some length, citing the situation of 
the colored population in the city of New York as an instance 


1846] THE CONSTITUTION OF 1846 915 


of their abject social condition and habits, where, he said, 
every negro was a thief, and every negro woman far worse, and 
ealled upon any gentleman present to refute this position. He 
adverted to the system of colonization as the proper mode of 
effecting the object aimed at by those friendly to the negro 
race, and bade Godspeed all who were endeavoring to elevate 
this unfortunate class of men, but thought it would be an in- 
justice to the negroes themselves, as well as whites, to place 
the two races in the same scale of social equality. 

Mr. Whiteside was also opposed to the proposed amendment 
and supported his opposition at some length. 

Moses M. Strong came out in a violent speech in opposition 
to negro suffrage. He had not intended to say anything on 
this subject, but to leave it to be settled by the committee; there 
was less reason for him to make a speech now, as everything 
he could have said had been said by the member from Racine 
and his colleague. This much he would say, however, that he 
was teetotally opposed to negro suffrage in any manner or 
form that could be devised. If this negro clause was inserted 
in the constitution, he could promise gentlemen that it would 
not receive fifty votes west of Rock River; the people would 
deem it an infringement upon their natural rights thus to place 
them upon an equality with the colored race. He came down 
upon the abolition party like a perfect avalanche; was in fa- 
vor of no half-way measures with them, but would give them 
war—war to the knife, and the knife to the hilt! He alluded. 
to the fact that the member from Winnebago had the largest 
proportion of negroes in his county of any other in the state, 
yet he had said nothing in favor of their being allowed the right 
of suffrage, and he hoped every Doty man in the committee 
would vote with him on this question. 

Mr. Tweedy next took the floor in support of the substitute. 
His remarks will probably be published hereafter. 

Marshall M. Strong said he had voted for and advocated the 
spirit of this doctrine in the legislature, but had since changed 
his views on the subject and would now vote against it. 

General W. R. Smith wished to correct a remark made by the 
gentleman from Milwaukee in regard to the existence of negro 


216 WISCONSIN HISTORICAL COLLECTIONS [ Oct. 21 


suffrage in Pennsylvania and went into quite a lengthened 
essay on the rise and progress of the system in that state from 
the time of William Penn down to the adoption of the present 
constitution. 

Mr. Bevans was opposed to the principle contained in the 
amendment. He respected the philanthropic feelings of the 
gentlemen who advocated the elevation of an unfortunate class 
of beings, but thought they took the wrong course to secure it. 
He moved that the committee rise and report progress, which 
motion was carried and the committee rose. 

The convention then adjourned to two o’clock.—Eapress, Oct. 
27, 1846. 


TWO O'CLOCK, P. M. 


The convention again resolved itself into committee of the whole on 
No. 2, ‘‘Article on suffrage and the elective franchise,’’ Mr. Baird in 
the chair. And after some time spent therein rose and by their chair- 
man reported progress thereon and asked leave to sit again. Leave 
was granted. 

On motion of Mr. Crawford the convention adjourned. 


Mr. Ryan again took the floor as he said to make one remark 
more on this subject, but instead of one remark occupied about 
an hour with many remarks, all in opposition to. the proposed 
amendment. 

General John Crawford wished to make a remark or two 
somewhat digressive from the subject, he said, and asked if 
such would be in order. (Go on, go on.) Mr. Crawford then 
proceeded as follows: 

Mr. President—I will suppose a case. Supposing there was 
a convention of delegates assembled to frame a constitution 
consisting of one hundred and twenty members, and there were 
amongst them twenty Whigs, very docile, and one hundred 
Democrats. Amongst the Democrats there were twenty-five 
lawyers, and each lawyer should occupy the body two days in 
long and useless speeches that would convey nothing more than 
a common-sense man could convey in five minutes. The ques- 
tion is, What is the difference in the time spent? And who is 
responsible for the useless waste of that time? Supposing they 


1846] THE CONSTITUTION OF 1846 217 


were determined to saddle upon the people such obnoxious 
features as pains and penalties, that the people would not 
adopt the constitution. Who is to blame? Why, sir, the re- 
maining seventy-five must answer for it! But I hope such a 
thing will never happen in our glorious Wisconsin. 

Mr. Gibson did not wish to occupy the attention of the com- 
mittee but a few moments. If he had properly understood the 
remarks of the gentleman from Iowa, one of his principal objec- 
tions to allowing the colored population the right of voting was 
that the people would object to the constitution. If the people 
of the west were opposed to negro suffrage, the people of the 
east were equally in favor of it, and the north and east as 
strenuously advocated this question of free suffrage as the 
west opposed it. This feeling was increasing daily and would 
continue to increase as long as this question was agitated. The 
gentleman from Racine had intimated that should we extend 
to the colored race the right of free suffrage and still refuse 
to commingle, intermarry, and eat and drink with them, it would 
not benefit them at all; it was all idle talk. The same objection 
would bear equally against the Indian as the negro—the same 
principle would operate with the Indian; yet he had voted for 
the extension of the right of suffrage to the Indian! He was 
opposed to sustaining the institution of slavery in this coun- 
try and would vote against it in any manner or shape. The 
state of New York had tried the system of negro suffrage 
under certain restrictions and was so well satisfied of its jus- 
tice that the late Democratic constitutional convention had sub- 
mitted a separate proposition to the people, for their decision, 
providing for the extension of the right without the former 
qualifications. He believed the whole system of a republican 
government opposed to depriving negroes of the right of suf- 
frage—the whole principle of republican institutions, from 
foundation to capstone, opposed to infringing upon the natural 
rights of any man, and he could not, therefore, vote for depriv- 
ing this portion of citizens of the right of voting. 

Mr. Manahan could not vote for depriving men of their right 
of suffrage unless also relieved from taxation; he had always 
heard and believed that taxation and representation should go 
together. 


218 WISCONSIN HISTORICAL COLLECTIONS [ Oct. 21 


Mr. Randall spoke for some time in favor of the amendment, 
after which the question was taken on the amendment, and it 
was lost. 

Mr. Bevans introduced an amendment to prohibit the right 
of suffrage to those who had resided in the state six years and 
neglected to become citizens of the United States. 

The question elicited considerable discussion, in which 
Messrs. Bevans, Moses M. Strong, Ryan, and Harkin partici- 
pated. 

The question was taken on the amendment, and it was lost. 

The committee then, on motion, rose, reported progress, and 
asked leave to sit again. 

The convention then adjourned.—Express, Oct. 27, 1846. 


Mr. Bevans moved to add to the section the following: “‘Pro- 
vided, That no persons who are not citizens of the United 
States, and who have resided six years within the same, hav- 
ing neglected to become citizens thereof according to the laws 
of Congress, shall be entitled to vote at any election in this 
state until they become naturalized citizens according to the 
laws of the United States.’’ 

Mr. B. said he thought this amendment would tend to improve 
the article. It involved the question whether foreigners who 
had become voters should afterwards be deprived of that priv- 
ilege; whether those who had once enjoyed this right and priv- 
ilege should be again deprived of it. There were many in the 
country who did not mean to become citizens of the United 
States, who might, notwithstanding, be able to vote under the 
article as it there stood. He was willing to extend the right of 
suffrage to all who owed allegiance to the government, who 
could be convicted of treason, but he could not extend it far- 
ther than that. No one would contend that the oath which is 
provided for in this article will render a man liable for treason 
to the United States. The amendment ought to be passed, as 
it would tend to induce foreigners to become citizens of the 
United States, that they may enjoy the same benefit in other 
states should they happen to remove. It ought to pass that the 
government may have a hold upon them, and he doubted much 


1846] THE CONSTITUTION OF 1846 219 


whether this state could pass an act which would allow a man 
to be punished for treason. The state is not a sovereign to 
which a foreigner can announce his allegiance and thereby be 
clear from the allegiance he owes to his native country. He 
would not oppose but promote emigration to the country from 
abroad, but at the same time he would guard that emigration. 
The time had been when a state had the power of naturalizing 
foreigners, but now that power was conferred alone on Con- 
gress and the United States. He put it on this ground then: If 
a man will not show that he was disposed to become a citizen 
of the United States, to owe allegiance to the government which 
protects him, he ought not to vote. He was far from desiring 
to restrict the right of voting to none but American born citi- 
zens; he knew no difference between the native and naturalized 
citizen. Hostility to the foreigners did not influence him in 
offering the amendment; on the contrary he believed every 
good foreigner would agree with him that the principle was 
right, and could see no objection to it. 

Moses M. Strong inquired of Mr. Bevans if this was all the 
amendments he had—if the amendment he had heretofore of- 
fered to allow none but citizens to vote had finally dwindled 
down to this proposition—or was this attempted to be thrown 
in and taken if the larger one could not succeed? 

Mr. Bevans could not tell what was in the future. 

Then, said Mr. S., I suppose we are to have that amendment 
too. He said he did not think that the citizenship of the elector 
had anything to do with voting. This was a difference not com- 
monly taken and understood by those who talk on this subject. 
A man may be a citizen and not be a voter, and so he may be a 
voter and not be a citizen of the state or of the United States. 
The power to make foreigners citizens of the United States be- 
longs to the United States; the power to prescribe the qual- 
ifications of electors has been lodged in the states, plainly show- 
ing that they are distinct powers. The convention then have 
full authority to act on this subject according to the Constitu- 
tion of the United States, and they alone could and must deter- 
mine the question. The amendment admits the right, the pro- 
priety of allowing foreigners to vote for six years, but not after- 


220 WISCONSIN HISTORICAL COLLECTIONS [ Oct. 21 


wards unless they are fully naturalized. And what reason is 
given by the gentleman? Why they may be guilty of treason 
and ought to be punished. If it were a good argument after 
the six years, it would be no less good before, but the fact was 
it was never good and cannot be. 

Mr. Harkin did not think the amendment any amendment at 
all. It could not be supposed possible that any man who had 
suffered and escaped from the iron oppressions of Kurope 
would live on our rich prairies for six years and not become a 
citizen of the country. As for treason—shades of Montgomery 
and departed heroes! Did men think that traitors and treason 
would come from the country of Lafayette, of Montgomery, and 
Steuben? When necessity required, he and other natives of 
the same soil would again take up and wield the sanctified shil- 
lalah in defense of their adopted country. . 

Mr. Huebschmann had thought some such provision as that 
now proposed would be proper, but he could not on reflection 
believe it could be carried out in practice on just and equitable 
principles. There may be some unavoidable cause that will 
prevent a man from being naturalized at the end of six years, 
and which ought not to hinder him from voting. On’ this 
account he could not support it. 

Mr. Ryan agreed with his friends, Messrs. Harkin, Strong, 
and Huebschmann, and gave several examples of the difficulty 
of procuring naturalization. 

The motion to amend was lost, and the committee rising, the 
convention adj[ourned].—Argus, Oct. 27, 1846. 


1846] THE CONSTITUTION OF 1846 221 


THurspAY, OcTOoBER 22, 1846 


Prayer by the Rev. Mr. McHugh. 

The journal of yesterday was read. 

The resolution introduced by Wm. R. Smith on yesterday, relative 
to instructing the committee on miscellaneous provisions to inquire into 
the expediency of embodying in this [their] report certain articles, was 
taken up and adopted. 


Mr. Baker offered as an amendment to direct the committee 
‘sto inquire into the expediency’’ of inserting the clauses con- 
tained in the resolution; he did not deem it courteous to per- 
emptorily instruct them as to the duties they were to perform. 

The amendment was accepted, and the resolution adopted.— 
Express, Oct. 27, 1846. 


The following resolution was then taken up, to wit: ‘Resolved, 
That the sergeant at arms shail prohibit smoking in this hall during! the 
daytime while this convention shall remain in session.’’ Mr. Strong 
moved that the said resolution be laid upon the table, which was agreed 
to. And a division having been called for, there were 33 in the affirma- 
tive [and] 28 in the negative. 

The following resolution was then taken up, to wit: ‘‘Resolved, 
That the subject on negro suffrage be submitted to the people in a dis- 
tinct proposition, to be voted on at the next general election, and, if 
approved, shall become a part of the constitution.’’ Mr. Strong moved 
that said resolution be referred to [the] committee of the whole, which 
was agreed to. 

Hiram Brown moved that leave of absence be granted to Wm. C. 
Green. Leave was granted. 

The convention then resolved itself into committee of the whole for 
the consideration of No. 2, ‘‘ Article on suffrage and the elective fran- 
chise,’? Mr. Baird in the chair. And after some time spent therein 
[rose] and by their chairman reported progress thereon and asked 
leave to sit again. Leave was granted. 

On motion of Moses M. Strong the convention took a recess until two 
o’clock, P. M. 


The convention then resolved itself into committee of the 
whole, Mr. Baird in the chair, on suffrage and elective fran- 
chise. 

The question before the committee was on the amendment 


222 WISCONSIN HISTORICAL COLLECTIONS {[ oct. 22 


offered yesterday by Mr. Boyd, providing for the submission 
of the free suffrage question to the people with the constitution. 

Mr. Boyd eloquently sustained the principle contained in this . 
amendment as purely ‘‘democratic”’ in spirit, and he hoped to 
see it prevail. 

Mr. Burchard said he conceived it proper to make a few re- 
marks upon this question. It did not matter whether he was 
in favor of or opposed to the submission of this separate prop- 
osition to the people; whether he was in favor of it or not, it 
has to be submitted to the people. He would say, however, that 
he was not in favor of submitting the question to the people, 
because it had already been submitted to them. He called upon 
any gentleman on this floor—let him come from east, west, north, 
or south—to rise in his place and say he was not pledged upon 
this question. The delegates from the county which he in part 
represented he knew were all pledged upon this great question 
of free suffrage, and would not have been sent to this conven- 
tion had they not been known to be favorable to it. He was 
in favor of negro suffrage before the election; his opinion on 
this question was well known, and he had been sent here to 
advocate this principle. His main reason for opposing this 
proposition was that it was uselessly lumbering up the consti- 
tution; the question has got to go to the people. He looked 
upon this separate proposition in this light: That members did 
not want to come out with their votes upon the question; they 
wished to bury it in committee of the whole, where no record 
of votes is made, and it is not therefore known to the people 
what is done. He wanted all hands to come up to the scratch 
and record their votes in the convention that their constituents 
may know who stood by them and faithfully carried out their 
intentions, and who did not. He would vote against the amend- 
ment for this very reason. 

The amendment was discussed at great length by Messrs. 
Moore, Baker, and others in its favor, and Messrs. Bevans, 
Burnett, and Whiteside in opposition. 

The question was finally taken on the adoption of the amend- 
ment, and it was lost. 


1846] THE CONSTITUTION OF 1846 223 


Moses M. Strong then offered an amendment, providing for 
the extension of the right of suffrage to the half-breed Indians 
living in a civilized state, which was adopted. 

Mr. Burnett moved to strike out the first section of the report 
as amended and insert one which he offered and which was 
read. The principle object of the amendment was to prevent 
foreigners from exercising the elective franchise in this state 
until they became citizens of the United States, which he sus- 
tained at some length, upon the ground of the unconstitution- 
ality of extending the elective franchise to those who had not 
taken upon themselves the obligations of citizens of the United 
States, and did not believe the Congress of the United States 
would admit Wisconsin into the Union with such a clause in her 
constitution. 

Moses M. Strong and Huebschmann opposed the amendment. 
The latter continued until the usual hour for recess, when, on 
motion of Mr. Vineyard, the committee rose and reported prog- 
ress. 

The convention then adjourned to two o’clock—Ezpress, 
Oct. 27, 1846. 


SuFFRAGE AND ELECTIVE FRANCHISE 


Mr. Boyd offered the following amendment which was read: 


‘¢ At the same time the constitution shall be submitted to the 
people for their adoption the following shall be submitted to 
them as a separate proposition for their adoption or rejection; 
the ballots for or against shall have written or printed thereon, 
‘For colored suffrage’ or ‘Against colored suffrage,’ and shall 
be deposited in a separate box; and if a majority of the votes 
cast shall be ‘For colored suffrage,’ then the following provi- 
sion shall be adopted and become part of the constitution; but 
if a majority of votes shall be ‘Against colored suffrage,’ then 
said provision shall be rejected, to wit: ‘Section —. Colored 
male citizens possessing the qualifications otherwise than re- 
quired by the first section of this article shall also have the right 
to vote for all officers that are or hereafter may be elective by 
the people.’ ”’ 


224 WISCONSIN HISTORICAL COLLECTIONS [ Oct. 22 


Mr. Boyd said that some such amendment as was now offered 
was demanded by all parties of politics, and was a truly demo- 
cratic measure. No man can truly represent on this subject 
the will of 1,300 inhabitants, and the best way to dispose of the 
measure would be to send it to the people. This course has 
been pursued in the New York convention on this subject, and 
when it has been once settled by them it will be conclusive, and 
all parties will acquiesce. But let the convention settle the mat- 
ter, and it will not give satisfaction, as it will be said that the 
will of the majority has not been properly reflected. The meas- 
ure would, he believed, break up the foundations of abolition- 
ism. He did not believe the people of the west would be more 
likely to vote against the constitution because of the incorpor- 
ation of this provision. They were, or professed to be, Demo- 
crats, and he did not believe that man was a Democrat who 
would not be governed by the will of the majority. 

But if the negro were permitted to vote, he had yet to learn 
that it would tend to make an emigration to the state. It was 
not true that those states in which they are permitted to vote 
have more negroes than have those where they are debarred 
the privilege. He would not persecute the abolitionists. That 
would build them up, but he would let them alone. If a party 
which he did not like had a right principle, he would adopt that 
principle and act on it and let the party alone. There were mer- 
its in this measure and he hoped this convention would adopt 
them. 

Mr. Burchard was opposed to the submission of this subject 
in this manner to the people, or in any other, because it had al- 
ready been submitted to them and decided upon, when they 
elected the members of this convention. Many of the delegates 
stand on this floor pledged on this question. Besides they have 
been sent here to make a whole constitution, not a half one. He 
wanted no dodging responsibility on the measure. 

Moses M. Strong moved so to amend the amendment that in 
those counties which did not vote for negro suffrage the negro 
should not be allowed to vote. 

Mr. Bevans would say of this amendment, that if it was 
adopted and went to the people for a separate and distinct vote, 


1846] THE CONSTITUTION OF 1846 229 


it would make no difference in the vote against the constitution 
itself. The people of the west would just as soon vote for the 
constitution with the clause allowing negroes to vote in it as 
they would with it in this form. There will be in their minds 
more fear of its being adopted in this form than if it were 
embodied; for, if embodied in the constitution, other questions 
will be involved and other interests unite to defeat it; but here it 
would stand out single and alone. Sucha course is not fair. It 
does not give the opponents of this measure the same chance of 
being defeated as other measures have. The representatives of 
the west think that this is a dodging of the question—a shifting 
the responsibility from the shoulders of the representatives to 
that of the electors. Not so with them. They were ready to 
meet this question at any time. They know the will of their 
constituents, and they could speak at one time as well as at 
another. All they desired was to settle it now and have no fur- 
ther quarrels, jars, or fears. 

Mr. Burnett: This convention all agreed had met to make 
a constitution, not to make the parts of one and to send other 
parts to the people. He was opposed to the principle of send- 
ing separate propositions to the people for their votes, as it 
would tend to distract their minds from the merits or demerits 
of the constitution itself. If the principle of sending these sep- 
arate propostions to the people be a good one, why not send 
the bank question to them for a vote? Why not send every 
disputed question to them? As great controversies will un- 
doubtedly arise on the provisions of the article to organize 
the judiciary, would gentlemen send these to the people for 
their decision? He, as one of the delegates of the convention, 
was prepared to vote on the question now and was willing to 
record his vote for it. 

No man in all the discussions that have taken place on this 
subject has declared or even intimated that there is a majority 
of the voters of any county in the territory in favor of this 
measure; but on the contrary all say that they believe there 
is a majority opposed to it. Even the counties east of Rock 
River, for which they so stickle, are said to be opposed to the 
measure. If this be true, why, he would ask, should the con- 


15 


226 WISCONSIN HISTORICAL COLLECTIONS [ Oct. 22 


vention endanger the adoption of the constitution by allowing 
this measure, uncalled for and unpopular as it is, to be tacked 
on to it. Universally opposed as the west is to this measure, 
they have looked with very serious apprehension for the intro- 
duction of this proposition which they fear the east intend 
to saddle on them. They cannot be convinced that this is not 
the settled policy of the east. Legislative action, debates in 
House of Representatives and Council have all looked that way. 
This very measure they will consider in the same light as in- 
dicative of the feeling of the people of the east, intending to 
extend the negro suffrage over the free sons of the west. 
Sound as the great body of the people of the east may be on 
this subject—and he did not doubt but that they were sound— 
the miners scattered as they are over a vast tract of country, 
having scarcely any communion with the rest of the world, 
cannot be convinced of that fact. They will therefore strike 
at what they know to be most certain to carry, at the consti- 
tution itself. Are gentlemen, he would ask, prepared to ven- 
ture the constitution abroad, sure to receive the 2,200 votes 
of Grant and 2,400 of Iowa counties against its adoption? If 
so let them vote for the measure now before the committee and 
they will have them so cast. 

Moses M. Strong had come here to help frame a constitution, 
and he hoped if one was formed it would be a good one. He 
knew that among the different portions of the territory there 
was a diversity of opinion on various subjects. To make this 
diversity harmonize there must be a compromise and conces- 
sion. The west had conceded the opposition to foreigners vot- 
ing, and in turn they asked that the question of negro suffrage 
should be conceded. Negro suffrage at best was but a mere 
abstraction. No benefit will accrue to the negro and not fifty 
men be made voters if the measure should pass. But it had 
been said it would satisfy the abolitionists. Shall a firebrand 
be thrown into the whole west for the mere gratification of a 
handful of fractious abolitionists? Shall the constitution this 
convention are attempting to form be endangered for so small 
a price, and Wisconsin longer be forced to remain a territory? 
Something he thought was due to the west. That was the first 


1846] THE CONSTITUTION OF 1846 227 


settled portion of the territory, though now the east outstripped. 
But the time was coming and that at no distant day, when the 
tide of emigration that was flowing into and filling up those 
counties would roll over the prairies and woodlands of Iowa 
and Grant. Already they began to feel the flood. Thousands 
of eyes were turned toward the gardens of the west, and many 
a man who had stopped a few days nearer the lake was among 
the emigrants. The people of the west will welcome the emi- 
grant, but they want and expect him to come with a spirit of 
compromise. Already the habits and old customs of the miners 
are giving way. They are adopting the laws of the east; they 
are ready to sacrifice the government they have always enjoyed 
to one of which they are ignorant—to change county to a town 
government, for compromise; but he must beseech gentlemen 
not to force on them this negro suffrage. 

Mr. Upham thought there was a very decided majority of the 
voters of Milwaukee opposed to negro suffrage. His own opin- 
ions on the subject, he believed, were well known.. He 
never concealed them. He had seen the negro in the free states 
and he had seen him in slavery and could not make up his 
mind that he was not more abject, more despised in the first, 
than in the last. 

He denied that the right to vote was a natural right of each 
and every man. It was a municipal regulation, a kind of fran- 
chise bestowed or withheld as the public good demanded, not 
something every man could claim, as he could his liberty or the 
pursuit of happiness. He was willing to concede that the Dem- 
ocratic doctrine was to extend this right as far as could be con- 
sistently done; but he was yet to learn that the public good 
would be promoted by allowing negroes to vote. Negroes would 
not be raised in the scale of beings by it and many of the whites 
would be offended. Believing as he did that a great majority 
of his constituents were opposed to the measure, he could not 
give it his vote. If gentlemen are, as they all say they are, of 
opinion that the measure cannot be carried in a single county, 
why would they put the people to the trouble of a vote? Is it 
simply to see how many will vote for or against? But the con- 
vention has been told that it would allay the feelings of the abo- 


228 WISCONSIN HISTORICAL COLLECTIONS [ Oct. 22 


litionists. It would not do so. Their object is not here, but to 
abolish slavery in the South. He would not wage war with 
them; nor would he go out of his way to gratify their foolish 
demands, in the formation of the constitution for this state. 

Mr. Moore made some remarks in favor of the measure, but 
the first portion in particular was lost to the reporter. 

Mr. Baker was in favor of the measure proposed by his col- 
league. It would destroy the grounds on which the abolition- 
ists stood and of consequence the party in this territory. He 
did believe that in the end it would result in no particular bene- 
fit to the negro race. He was despised, abject, and servile, and 
could not be raised from that condition in which prejudice had 
placed him, by giving him this privilege. But still he thought 
~ it best to place this provision in the constitution. 

Mr. Whiteside could look on this amendment only as adding 
insult to injury. The opposition to negro suffrage had once 
voted down the proposition in a direct form, and now it comes 
to them in this indirect manner. This convention is but an 
assemblage of the people in their representative capacity. The 
word ‘‘democrat’’ is a compound of two Greek words, demos, 
people, and archien, to rule. But this is now accomplished not 
by all the people meeting en masse, but by representatives. As 
representatives all ought to be ready to meet this question; 
he as one was ready to meet it at the present time. It looked 
to him that to submit this measure showed the representatives 
wanting in decision of character or willingness to assume re- 
sponsibility. A decision of the question here will just as well 
settle the same with the people as if it were submitted to them 
at the ballot box, as is proposed. 

Mr. Brace said he had intended to say nothing on this sub- 
ject, but he had now changed his mind; so many had spoken 
that he thought every man ought to say something. A vote 
that had been taken here showed that there were but thirteen 
men in the convention who were in favor of negro voting, and 
all agree that there is a very small minority of the people in 
its favor. Why then, for the sake of gratifying this small min- 
ority, he would ask, should any more time be spent on the sub- 
ject? 


1846) THE CONSTITUTION OF 1846 229 


Mr. Hunkins was opposed to the amendment to the amend- 
ment, because it made a distinction among counties, placing the 
power of saying who should vote and who should not in each 
county. He knew the diversity of opinion that existed in the 
convention and also among the community, and in his opinion 
the original proposition would quiet the matter. 

Moses M. Strong: The same diversity exists in relation to 
allowing foreigners to vote; and if this amendment prevails 
he said he would move to submit the question allowing for- 
eigners to vote to a separate vote of the people. 

The vote was then taken on the amendment to the amend- 
ment, offered by Mr. Strong, and it was lost by 33 to 49. 

Mr. Strong said the vote just taken showed that it was the 
intention of gentlemen to pass the amendment. 

Mr. Parks: I voted against it because I am opposed to it, 
and for the same reason I shall vote against the amendment. 
My intention is to vote against every measure that I am opposed 
to the principle of ; and I shall show to my colleagues that Tam 
opposed to this measure in all its shapes and fear not to vote 
accordingly. 

Mr. Parkinson had voted against the proposition of his 
friend and colleague for the reason just given by the gentle- 
man from Waukesha. He always intended to vote as he 
pleased. 

Mr. Berry would also vote as he pleased. He should vote for 
the amendment. 

Moses M. Strong: I take it all back. 

The vote on the amendment of Mr. Boyd was then taken, and 
it was lost by 33 to 49. 

Moses M. Strong proposed an amendment which would do 
away with all doubt about allowing Indians, citizens of the 
United States, to vote, which was adopted without opposition. 

Mr. Burnett offered the following as a substitute for the 
article: 

‘‘Rirst. Every white male inhabitant of the age of twenty- 
one years, who shall be an actual resident of this state at the 
time of the adoption of this constitution, and who shall be either 
a citizen of the United States or who shall have declared his 


230 WISCONSIN HISTORICAL COLLECTIONS [ Oct. 22 


intention to become such according to the law of Congress on 
the subject of naturalization, and in addition thereto shall have 
taken and filed in the office of the clerk of any court of record 
in this state an oath to support the Constitution of the United 
States and of this state. 

‘‘Second. Hivery male Indian of the age of twenty ame years, 
who shall be an actual resident of this state at the time of the 
adoption of this constitution, and who may have been a citizen 
of the United States by an act of Congress. 

‘Third. Every white male citizen of the United States, of 
the age of twenty-one years, not a resident of this state at the 
time of the adoption of this constitution, who shall have resided 
in this state for one year next preceding any election at which 
he may offer a vote: Provided, That no person shall vote at 
any such election, except for district or state officers, who shall 
not have resided in the county in which he may offer to vote 
for one month next preceding any such election; and all per- 
sons possessing the qualifications required by this section may 
vote for state officers in any county in the state and for district 
officers in any county in the district in which they may reside.”’ 

Mr. Burnett in support of this amendment said (we give but 
the points of his remarks) that it had been framed in the spirit 
of compromise. The entire population of the west, as well for- 
eigners as natives and naturalized citizens, are opposed to the 
extension of the right of suffrage as contemplated by the report 
of the committee, while, if he understood the matter aright, the 
people of the east are equally in favor of it. The amendment 
he now proposed took a middle ground between the two. The 
principle of the amendment is to decide whether those who have 
resided here for some time and made their application should be 
placed on the same ground as those who shall come thereafter 
and make no efforts to become citizens. Those who are here 
and aid in the formation of the convention are secured in their 
rights, while others are required to become citizens. 

The article as it now stands makes the foreigners citizens of 
the United States. The power to do this, he believed, did not 
reside in this convention or in any other state power. That 
power has been bestowed on the United States by the consti- 


1846] THE CONSTITUTION OF 1846 231 


tution. The incorporation of the article as it stands into the 
constitution may have a tendency to prevent our admission into 
the Union. This he knew had been the case with the state of 
Michigan, and her constitution contained no broader provision 
in favor of foreigners than that he now proposed. He spoke 
with confidence that the incorporation of this measure would 
secure votes to the constitution among the people; but, ea 
were not incorporated, he would not answer for his portion of 
the territory. Opposed as those people are to allowing foreign- 
ers to vote, there are no people who are more desirous that 
every foreigner should become a citizen than they are. 

Mr. Burnett denied being a Native American, as that word 
was understood in the political world. He had no feelings in 
common with that party. 

Mr. Huebschmann rose and said: Mr. Chairman—The gen- 
tleman from Grant (Mr. Burnett) has alluded to the admission 
of Michigan into the Union and said Congress would probably 
not admit us if we leave the section on the elective franchise 
as it is. It is true, when Michigan applied for admission into 
the Union some members of the Senate of the United States 
objected to that clause in the constitution which permitted 
aliens to vote. This question gave rise to considerable debate, 
in which Senators Wright, Buchannan, Benton, and Thomas 
Morris participated and advocated the right of the state to 
make voters of whom she thought proper, and Mr. H. Clay, 
Clayton, and several others on the other side of the question. 
If permitted I will quote a few of the remarks of Mr. Buchan- 
nan. He speaks of the only two provisions in which the Consti- 
tution of the United States says anything about the qualifica- 
tions of voters in relation to the mode of choosing the president: 
‘‘Hach state shall appoint, in such manner as the legislature 
thereof may direct, a number of electors,”’ ete. 

In relation to the mode of choosing representatives in Con- 
gress: ‘‘The House of Representatives shall be composed of 
members chosen every second year by the people of the sev- 
eral states; and the electors in each state shall have the qual- 
ifications requisite for electors of the most numerous branch 
of the state legislature.”’ 


232 WISCONSIN HISTORICAL COLLECTIONS [ Oct. 22 


On these sections Mr. Buchannan says: ‘‘These provisions 
seem to recognize in the states the most absolute discretion in 
saying who shall be qualified electors. There is no declaration 
or intimation throughout the whole instrument (Constitution 
of the United States) that these electors shall be citizens of the 
United States. Are the states not left to exercise this disere- 
tion in the same sovereign manner they did before they became 
parties to the federal constitution? There is at least strong 
plausibility in the argument, especially when we consider that 
the framers of the constitution, in order more effectually to 
guard the reserved rights of the states, inserted a provision 
that the powers not delegated to the United States are reserved 
to the states, respectively, or to the people. It is curious to 
remark that except in a few instances the Constitution of the 
United States has not prescribed that the officers elected or 
appointed under its authority shall be citizens, and we all know 
in practice that the Senate have been constantly in the habit of 
confirming the nomination of foreigners as consuls of the 
United States. They have frequently done so, I believe, in re- 
gard to other officers.’’ 

Senator Buchannan says further : ‘‘ The older I grow the more 
I am inclined to be what is called a state-rights man. The peace 
and security of this Union depend upon giving to the constitu- 
tion a liberal and fair construction such as would be placed 
upon it by a plain and intelligent man and not by ingenious 
constructions to increase the powers of the general govern- 
ment and thereby diminish those of the state. The rights of 
the states, reserved to them by that instrument, ought ever to 
be held sacred. If then the constitution leaves to them to decide 
according to their own discretion, unrestrained and unlimited, 
who shall be electors, it follows as a necessary consequence 
that they may, if they think proper, confer upon resident aliens 
the right of voting.’’ 

Buchannan further says on the subject of the power of Con- 
gress to reject a state constitution sent to it for ratification: 
‘‘That Congress could not reject a constitution, except in the 
single case of which it was the guarantee, that of its republican 
character. It could not reject for ordinary provisions, for qual- 


1846] THE CONSTITUTION OF 1846 233 


ification of voters, and such minutia. These were points of state 
regulation exclusively, and the absurdity of making them con- 
ditions of admission was proved by the facility of altering such 
provisions after the state was admitted and when they never 
would be submitted to Congress. The right of Congress to 
reject for matter found in the constitution was limited to the 
feature of republicanism. Of that Congress was the guarantee; 
whether the constitution was submitted to her or not, whether 
it was an old state or a new one, Congress was bound to guar- 
antee the republican character of the state constitution, and 
for that purpose had cognizance over all the state constitutions, 
and for nothing else. Anything farther was an invasion of 
the rights of the states, and he was too truly and sincerely a 
friend of the rights of the states to suffer Congress to meddle 
with the qualifications of voters of any state, old or new.”’ 

Michigan was admitted into the Union by a large majority 
of the senators; and since that time the question of this right 
of the states has been considered as settled. Even some of 
the leading Whig papers, the New York Tribune and Albany 
Evening Journal, took strong ground in favor of it in some of 
their articles against the Native party. They took the ground 
that the Natives were foolish in endeavoring to change the 
naturalization laws, because it was left with the states to give 
the right of voting to foreigners whether they were naturalized 
or not. 

But the gentleman from Grant (Mr. Burnett) intimates that 
it would be inexpedient to give the right of voting to so many 
foreigners, because many of them are ignorant and do not love 
the institutions of this country. They come here to better their 
condition, he says, and not bezause they love republican prin- 
ciples. Now, Mr. Chairman, you will very seldom hear such 
remarks fall from the lips of those who are really acquainted 
with the mass of the foreign population of this territory. and 
who have lived a length of time amongst them. Certainly a good 
many come here to better their condition, but they know when 
they come here that this country flourishes and gives them more 
opportunity to better their condition than any other country, 
because our institutions are republican; and they know that it 


234 WISCONSIN HISTORICAL COLLECTIONS [ Oct. 22 


is every citizen’s duty to sustain and support these institutions, 
and they are willing to bear their share of the burdens. In the 
present war with Mexico the foreign population of the United 
States have shown themselves as ready to fight for their 
adopted country and to risk their lives as any other portion 
of the people; and in fact in most of the states which were 
called upon by the general government for volunteers the com- 
panies consisting of foreigners were the first who started for 
the seat of war. In our own territory we have seen the same 
patriotic feeling amongst the foreigners. The Washington 
Guards, a company consisting of Germans, and the most of 
them not yet long enough in the country to have become citi- 
zens of the United States, the only fully organized and equipped 
volunteer company in this territory, as far as I know, offered, 
when it was believed that volunteers would be wanted at the 
seat of war, their services without delay to the general gov- 
ernment, and were anxious to take the field. And I am sure 
that if Wisconsin had been called upon to furnish her quota 
of volunteers you would have found just as many of those born 
on the other side of the Atlantic ready to fill the ranks as of 
those born on this side of the Atlantic. 

The charge against foreigners, that they are ignorant, if ap- 
plied to them as a class, is untrue and unjust. And if there 
are amongst them as many or more who are ignorant as’ 
amongst the rest of our population, this is no reason that they 
should wait a long time before they can enjoy the right of 
voting. On the contrary, the right of voting will prove, and 
has proved to my knowledge, to be the best stimulant to make 
the indifferent ones use their best endeavors to inform them- 
selves in relation to the institutions of this country. Give 
them the right of voting, and you elevate them in their own 
eyes and in the estimation of the community. You throw po- 
litical responsibility upon them, which impels them to investi- 
gate the political questions of the day, and they will thus gain 
experience and pursue an enlightened political course. In the 
parts of the territory where most of our foreign population 
live the most of those who were so strenuously opposed to for- 
eigners voting on the question of a state government and for 


1846] THE CONSTITUTION OF 1846 235 


delegates to frame a constitution have found that their fears 
and apprehensions were unfounded, and are now in favor of 
extending the elective franchise to the foreign population. 
They have seen that foreigners know how to make use of their 
political rights as well as those from the states. 

I contend that putting, in respect of political rights, all the 
different national elements composing the population of Wis- 
consin on a par is the best policy which we can pursue. We 
all, I believe, desire that these different national elements 
should as soon as possible unite and amalgamate and form one 
whole people, the people of Wisconsin. You cannot by chem- 
ical process unite different elements or bodies, unless there ex- 
ists a certain degree of chemical affinity or similarity amongst 
them; and, the more affinity there is between these elements, 
the easier and the quicker they will be united and a new sub- 
stance formed out of them. The same law of nature is equally 
true in respect to mankind. If you put the different national 
elements on a par and give them all the same political rights, 
you will promote and facilitate their amalgamation. The more 
distinctions you make between them politically, the more you 
delay this great end, which is so essential to the future welfare 
of this state. And in fact I consider only one measure equally 
important as the political equality which I ask for, and that 
is a good common school system, which will give every indi- 
vidual growing up amongst us an opportunity to develop the 
faculties of his mind. Political equality and good schools will 
make the people of Wisconsin an enlightened and happy peo- 
ple. They will make them one people.—Argus, Oct. 27, 1846. 


TWO O'CLOCK, P. M. 


The convention again resolved itself into committee of the whole for 
the consideration of No. 2, ‘‘ Article on suffrage and the elective fran- 
chise,’’? Mr. Baird in the chair. And after some time spent therein 
rose and by their chairman reported the said article back to the con- 
vention with amendments. 


J. A. Barber defended the substitute as follows: Mr. Chair- 
man—I cannot concur in the report of the majority of the com- 
mittee. And the propositions are so deeply affecting the inter- 


236 WISCONSIN HISTORICAL COLLECTIONS [ Oct. 22 


est and future welfare of this state—the permanence and 
supremacy of the general government—that I feel that I should 
fail of my duty if I contented myself with simply recording my 
vote against it. 

The reported article not only proposes to make citizens of 
aliens who may be in the state at the time of the adoption of 
this constitution, but of all who hereafter come, to all future 
time. Is this within the power of the state? I contend that it 
is not. Under the confederacy, before the adoption of the 
present constitution, each state retained the authority of nat- 
uralizing aliens and exercised the same as they severally 
thought proper. But by the adoption of the Constitution of 
the United States the states surrendered and ceded to the gen- 
eral government the authority to prescribe an uniform rule of 
naturalization. 

And it was for the purpose of establishing an uniform rule 
that this power was vested in the general government. The 
Congress of the United States have prescribed a rule pursuant 
to the authority granted. 

The rule, or law, to be uniform, must be exclusive in its na- 
ture—exercised only by the general government—otherwise 
the rule would not be uniform—and the same evil now exists 
as under the confederacy. 

But it is said that we do not propose to make the alien a citi- 
zen, but to confer upon him certain rights—to make him, at 
most, a denizen. But the alien is already a denizen. Black- 
stone defines a denizen as a person not a native or a natural- 
ized citizen or subject, but occupying a middle space, having 
the right to hold and transmit land. By our present laws the 
alien can inherit, hold, and transmit real estate, and enjoy all 
the rights of a citizen except the elective franchise. Confer 
upon him the right of suffrage and he becomes to all intents a 
citizen. 

The Constitution of the United States provides that a citizen 
of one state shall be entitled to all the privileges and immuni- 
ties of the several states. If we have the power to confer upon 
the foreigner the elective franchise, we make him a citizen, not 
only of Wisconsin, but entitled to citizenship in every other 


1846] THE CONSTITUTION OF 1846 237 


state, and totally defeat the exercise of this power delegated 
to Congress. 

I do not oppose the adoption of this provision in the consti- 
tution because I am averse to immigration of foreigners among 
us; on the contrary, I look upon the foreigner as my brother— 
a member of the same great family of mankind—participant 
of the bounties of the same great benefactor—endowed with 
the right and enjoined to seek that land where life, liberty, and 
happiness may be best secured. And had I the power, or had 
this state the power to open wider the door to the emigrant, I 
would say establish liberal laws to encourage the emigrant 
hither and to secure and protect him when here. 

But the power of conferring citizenship is vested only in the 
Congress of the United States. 

All writers on constitutional law—Kent, Story, Sargeant, and 
Rawle—all concur that the power to the general government 
to naturalize the alien is exclusive. And such is the whole cur- 
rent of decisions of all the courts, both state and United States 
courts. The entire acquiescence of all the old states in this 
doctrine of the exclusive nature of this power is proof sufficient 
that we have not the power now attempted to be exercised by 
this state. If, then, this power be vested solely in Congress, 
it is unwise, it is inexpedient, it is unconstitutional to engraft 
this provision in our constitution, and I hope the amendment of 
my colleague will prevail. Michigan, with a provision like that 
proposed by my colleague, met with serious opposition to her 
admission into the Union, and it was probably more owing to 
the desire of the dominant party, then slightly in the ascend- 
ancy, to increase their strength than to principle or a fair con- 
struction of constitutional law that Michigan owes her admis- 
sion. 

The proposed amendment will place us on the same footing 
of Michigan, and we may cite the admission of Michigan as a 
precedent. 

The present dominant party have no need of increase of 
strength and I seriously fear that we shall ask in vain for ad- 
mission with these obnoxious provisions. 


238 WISCONSIN HISTORICAL COLLECTIONS [ Oct. 22 


Again, I oppose the report because if adopted in the consti- 
tution it will endanger its rejection by the people. I hope, 
therefore, that the amendment will prevail, as less endangering 
the rejection by the people of the constitution and our admis- 


sion into the Union. 
Before any question was taken on the amendment, the com- 


mittee, on motion of Moses M. Strong, rose and reported the 
article to the convention as amended.—Argus, Oct. 27, 1846. 


Mr. A. H. Smith moved to amend the report by inserting in the last 
line of the first section, between the words ‘‘in”’ and ‘‘any,’’ the words 
“‘the office of the clerk of.’’ And the question having been put, it was 
decided in the affirmative. And a division having been called for, there 
were 55 in the affirmative, negative not counted. 

Moses M. Strong moved to amend said report by striking out the 
amendments as reported by the committee of the whole and inserting 
the following: ‘‘The following persons and no others shall be entitled 
to vote at all elections in this state for all officers which may be elective 
by the people, under the provisions of this constitution or of any law 
made in pursuance thereof: 

“‘1. Every white male inhabitant of the age of twenty-one years who 
shall be an actual resident of this state at the time of the adoption of 
this constitution, and who shall be either a citizen of the United States, 
or who shall have declared his intention to become such according to 
the laws of Congress on the subject of naturalization, and in addition 
thereto shall have taken and filed in the office of the clerk of any court 
of record in this state an oath to support the Constitution of the United 
States and of this state. 

‘2. Every male Indian of the age of twenty-one years who shall be 
an actual resident of this state at the time of the adoption of this con- 
stitution, and who may have been made a citizen of the United States 
by any act of Congress. 


“*3. Every white male citizen of the United States of the age of. 


twenty-one years, not a resident of this state at the time of the adop- 
tion of this constitution, who shall have resided in this state for one 
year next preceding any election at which he may offer to vote. Pro- 
vided, That no person shall vote at any such election, except for dis- 
trict or state officers, who shall not have resided in the county in which 
he may offer to vote for one month next preceding any such election; 
and all persons possessing the qualifications required by this section 
may vote for state officers in any county in the state and for district 
officers in any county in the district in which they may reside.’’ 

Pending the question on said amendment Mr. Hicks moved that the 
said report with the amendments be recommitted to the committee of 
the whole, which was disagreed to. 

The question then recurred on the adoption of the amendment pro- 
posed by Mr. Strong. And having been put, it was decided in the neg- 
ative. And the ayes and noes having been called for and ordered, those 


1846] THE CONSTITUTION OF 1846 239 


who voted in the affirmative were [affirmative 14, negative 81; for the 
vote see Appendix I, roll call 29]. 


Mr. Burchard offered as a substitute to the report of the 
committee of the whole the minority report of the committee 
on elective franchise. 

A. Hyatt Smith offered an amendment to the first section, 
which took precedence of the substitute. 

Here rose a dozen claimants for the floor, and all kept their 
places for some minutes, when Moses M. Strong, as a com- 
promise, as he said, proposed to strike out the first section of 
the report and insert a substitute therefor. 

Mr. Hicks saw some maneuvering he did not exactly like 
and moved to recommit the report and amendments to a com- 
mittee of the whole, which motion was lost. 

Mr. Baker offered an amendment, the same which had been 
discussed in committee of the whole, i. e., the submission to 
the people of the free suffrage question as a separate prop- 
osition, to be voted upon at the same time with the constitution. 

The question was first taken upon Mr. Strong’s substitute 
for the first section—which was lost—Ezpress, Oct. 27, 1846. 


Mr. Baker moved to amend the first section by adding the following: 

‘“ At the same time the constitution shall be submitted to the people 
for their adoption the following shall be submitted to them as a sep- 
arate proposition for their adoption or rejection; the ballots for or 
against shall have written or printed thereon ‘For colored suffrage,’ 
or ‘Against colored suffrage’ and shall be deposited in a separate box; 
and if a majority of the votes cast shall be for colored suffrage, then 
the following provision shall be adopted and become part of the con- 
stitution, but if a majority of the votes shall be against colored suffrage, 
then said proposition shall be rejected, to wit: Colored male citizens 
possessing the qualifications otherwise required by the first section of 
this article shall also have the right to vote for all officers that are or 
hereafter may be elective by the people.’’ 

And the question having been put on said amendment, it was de- 
cided in the negative. And the ayes and noes having been called for 
and ordered, those who voted in the affirmative were [affirmative 47, 
negative 51; for the vote see Appendix I, roll call 30]. 

Mr. Burchard moved to amend the report by striking out all after 
the word ‘‘article’’ and inserting the following as a substitute therefor: 

“Section 1. Every male person of the age of twenty-one years or 
upwards who shall be a citizen of the United States or who shall have 
filed an oath to support the Constitution of the United States in the 


240 WISCONSIN HISTORICAL COLLECTIONS [ oct. 22 


clerk’s office of a district court shall be entitled to vote at any general 
election for all officers created by this constitution or established by the 
legislature under the constitution to be elected by the electors of 
this state: Provided, That he shall have been a resident of this state for 
six months and of the county for one month previous to such election. 

‘‘Section 2. All votes shall be given by ballot and under such regu- 
lations as the legislature shall establish. 

‘‘Section 3. On the day of such general election, all electors shall 
be exempt from any public duty, except in time of public danger, and 
privileged from arrest during attendance at, and going to and from, 
such election, except for breach of peace, felony, or treason. 

‘‘Section 4. No person shall be deemed to have lost his residence by 
reason of absence on business of the United States or of this state. 

“Section 5. No soldier, seaman, or mariner in the army or navy 
of the United States shall be deemed a resident of this state in conse- 
quence of being stationed in any military or naval place within the 
same.’’ 

Pending the question on said amendment, on motion of Mr. Cooper, 
the convention adjourned. 


The question then recurred on Mr. Baker’s amendment. 

Mr. Judd said that before giving his vote he desired to say 
a few words and a few only, for neither his inclination nor the 
state of his health would permit him to maintain his position 
on the floor but for a few moments at farthest. He was glad 
the question was now presented in a plain and distinct form. 
He should vote for the proposition as one in his opinion best 
calculated to meet the case, but he should do so for no such 
reasons as those stated by the gentleman from Waukesha (Mr. 
Randall) yesterday, when in committee of the whole upon this 
subject. He should vote for this proposition simply and plainly, 
as the best practicable manner of disposing of it. It is true 
that the negro is not a white man, nor can we make him such; 
but it is nevertheless true that he is here among us; he has been 
born here, brought up here, speaks our language, and ours only; 
he knows no other country or government, is protected by our 
laws, and made subject to them, and is therefore to all intents 
and purposes a citizen of the country. It did therefore seem 
to him no very great stretch of what he understood to be true 
Democratic principles to allow him a voice in the election of 
officers who were to rule over him. 

He did know that many, very many excellent men were anx- 
ious for this question to be distinctly submitted to the people, 


1846] THE CONSTITUTION OF 1846 241 


in order that a full and fair expression of public opinion might 
be had. And, if a majority was in favor of granting the priv- 
ilege, let the negro vote; but, if they were against it, then let 
the right be refused, and no one could justly complain that 
they had not been fairly and equitably treated. It would 
greatly tend to quiet excitement on this question and go far, 
in his opinion, towards putting it forever at rest. 


He would further take this occasion to say that neither the 
men of whom he spoke nor himself had anything to do with 
the political abolitionists, or with their exclusion or distinct 
organization and objects. He simply desired to do an act of 
justice and give the negro a fair chance before a majority of 
all the people. And this he considered the very essence of 
democracy. He did therefore hope the amendment would pre- 
vail—Ezpress, Oct. 27, 1846. 


Mr. Burchard obtained the floor, and notwithstanding there 
were several other claimants, he held it. In offering his sub- 
stitute he had remained silent during the discussion and heard 
many arguments against the exclusion of that one word 
‘‘white’’ in the report. He had not said much during the dis- 
eussion for the reason that he had intended to wait for his own 
time to [say] what he had to say, and he thought the time had 
arrived. Mr. Burchard then went into an able discussion of the 
principle of free suffrage, during which he was interrupted by 
Marshall M. Strong, who raised a question of order to prevent 
his reading some remarks from written documents. The con- 
vention sustained Mr. Burchard and he proceeded, as follows: 


In presenting the report which I have had the honor to lay be- 
fore this convention I have sought, as was my duty as well as 
my feelings to do, to present an article for your consideration 
founded on the broadest principles of right: a principle as 
broad and as comprehensive as the declaration which gave us 
birth as a nation, and which has given us a distinctive char- 
acter as a people. I have presented this report as embodying 
my views and sentiments of what should be the organic law of 
the state of Wisconsin on the subject before us; and in now 
presenting it as a substitute for the report of the committee of 

16 


242 WISCONSIN HISTORICAL COLLECTIONS [ Oct. 22 


the whole I wish to bring this question to a direct vote in this 
convention. I speak for no party. I am not the mouthpiece 
of any sect or body of people. On my shoulders rests the 
responsibility, and I am willing to be tried by it before the 
bar of my constituents. By the resolutions passed at the con- 
vention from which I received my nomination, I am bound to 
use my exertions to place all men, without distinction, so far 
as political action can subserve this end, upon an equality. And 
I should do injustice to myself did I not say that this is a cheer- 
ful duty; for believing as I do that this report and the senti- 
ments I may utter are founded on principles as truthful and as 
eternal as the throne of the Almighty I can anticipate, if not in 
my day, the final triumph of this, the only principle upon which 
the structure of a true republic can rest. 

The first principle laid down in this report is that no dis- 
tinction of color shall be made as a qualification for electors. 
Tam aware of the degraded state in which chains have placed 
the African race in this country. I am aware of the public 
sentiment that has borne down with a heavier hand that por- 
tion of our fellow citizens. I know that there are difficulties in 
the way of creating political equality. I know that social equal- 
ity, so long at least as a part of the race is in bondage, can 
not be enjoyed; and I am not the advocate of such equality, 
which I also know is scarcely to be looked for and repugnant 
to the feelings of men and to the economy of divine providence. 
I know, too, that the action of all constitutional and legislative 
bodies, with a few exceptions, stands out as precedents against 
this equality of political rights; and I am not disposed to 
question but that the sentiment of the people has heretofore 
sustained these provisions which have made color a disqual- 
ification to the citizen. But while I am free to make all these 
admissions, I am bound to present the other side of the ques- 
tion and prove first that the sentiment that ‘‘all men are 
born free and equal’’ is a just and right principle and a prin- 
ciple upon which the spirit of the age and the mass of mind are 
acting. Second, that the negro has rights as sacred and as dear 
as any other race; and third, that these rights ean only be 
secured by placing in his hands the instrument of defense—the 


1846] THE CONSTITUTION OF 1846 243 


ballot—which is provided by our institutions as the safeguard 
of political rights. 

That ‘‘all men are born free and equal’’ is an abstract prop- 
osition, self-evident, and requires no more proof than that we 
exist, or that we possess the common attributes of mankind. 
If proof was necessary, no stronger or more positive evidence 
could be given than the very fact that upon this as a basis 
every effort to ameliorate the condition of man rests. We live, 
as has been often repeated in this hall, in an age of progressive 
democracy, an age whose characteristic is a spirit that breaks 
over the barriers and superstitions of the past and looks 
through the disguises of rank and nation to a common nature 
coming from an impartial God. In its political effects it dis- 
cards the prerogative of a few to govern and looks to the rights 
of all. And whether you deem it practicable or not, you, who 
prattle about democracy, this spirit is opening a grand law of 
humanity more comprehensive than all others, that looks far- 
ther than the skin to say who shall have rights and who shall 
be maintained in the free enjoyment of what the God of nature 
has given them. You cannot guide this tendency of the age to 
sympathize alone with the serfs of Europe and the barbarism 
of Asia and leave untouched and unnoticed those in our midst 
who suffer either from the oppression of laws or for want of 
their protection. Neither can you teach the democracy that 
progresses in its principles to elevate the great mass of the 
people to leave uncared for any portion of our citizens, what- 
ever their condition, or however much they may be degraded. 
That negroes have rights—a right to live on our soil—a right to 
progress in knowledge, virtue, and happiness—a right to exer- 
cise the powers and affections of men—I know not how many of 
this convention will question. But from the very circumstances 
under which they are found amongst us, they are an object of 
our sympathy as well as of our justice. Originally forced from 
their homes, their descendants who have freed themselves claim 
but the common heritage which the government of the soil on 
which they were born guarantees, professedly, to every citizen. 
Born among us, with the same destiny—the claims of a common 
humanity—these give them rights that demand the respect of 


244 WISCONSIN HISTORICAL COLLECTIONS {[ Oct. 22 


the people and the protection of government. In giving up to 
the state the first principles of government, what is returned 
for the protection of individual rights? Laws—laws that are 
made, altered, or repealed through the ballot box. The ballot 
is the only means, the only instrument, through which a secur- 
ity for the present and redress for the wrongs of the past can 
be obtained. Now, if they are thus situated, with the same 
aspirations as other men—if they have rights, and the protec- 
tion of rights is law, and law is made through the ballot box, 
and in no other way, upon what ground do the opponents of - 
granting them a right to vote rest their argument? Is there 
any? There is none, founded either in justice, right, or human- 
ity. Because a man is born with a dark skin, he is forever to 
be disfranchised! This is a terrible, damnable doctrine, and 
as false as it is terrible. It is a doctrine that will not stand 
the scrutiny of the spirit of the age; neither will its apologists 
stand with clean hands at a tribunal where there is no respect 
of persons. 

The extension of the right of suffrage to the blacks is not 
unprecedented; it is not anew idea. We have examples in the 
states of New Hampshire, Massachusetts, and Vermont that 
present an argument against which the finespun theories, or 
sophistry, or bickerings of politicians can have no effect. Its 
practical workings have been tested, and a voice comes up to 
us from those states and says it is both beneficial to the black 
and practicable to the whites. It is removing a barrier against 
the progress of a race which the conventional laws of nations 
degraded, and made them goods and chattels for the avarice 
of the human heart. It proves that there is nothing to be 
feared, as some would like to make themselves believe, from 
an influx of the black population. It proves that they are good, 
law-abiding inhabitants. It proves that they are capable of 
enjoying and rightly using the privileges of citizens. It proves 
that a portion of our citizens, at least, regard them as men— 
regard them as citizens—and are willing to place in their hands 
the same means to secure their rights as is enjoyed by any 
portion of the people. 


1846] THE CONSTITUTION OF 1846 945 


Another argument which I would present is that taxable prop- 
erty is entitled to its representation at the ballot box. Upon this 
principle the state of New York and some of the other states 
have acted and granted to the negro the right to vote, with a 
certain property qualification. Now, wherever the negro has 
property that is taxable, it is admitted the clearest matter of 
justice and right that he be granted the same voice in the dis- 
position and direction of such taxes as any other man. No 
equivalent can be returned for depriving a man of the elective 
franchise. Free him from all public duty, leave his property 
untaxed, and you give but an empty show for a right which 
every freeman holds as dear as life. Is it not wrong to deprive 
the negro of the right to vote and then as an equivalent tender 
to him exemption of his property from taxation? The first is 
a wrong, an injustice; the second is an insult to the feelings 
of a man. And if a man is entitled to vote because he has a 
little property, I put it to any member of this convention if he 
believes that a few dollars can make an intelligent mind or an 
honest heart. A property qualification is an old and exploded 
doctrine and is only maintained in the case of the negro by the 
duplicity of political demagogues. By taking the one step of 
giving to them the right to vote with this restriction, they have 
admitted all that is necessary in the argument. It is admitting 
that they are men; it is admitting that they have rights and 
that they should exercise the means to protect those rights. If 
a property qualification is right in the case of one portion of [a] 
community, it is equally just and right to place the other por- 
tion under the same restriction. And who in this hall will dare 
to advocate a property qualification to the white male citizen? 
You cannot dodge the issue; you must take one horn or the 
other of the dilemma. If you make a property qualification for 
one, you must for all; if you make free to one, you are bound 
to make free to all. 

What shall be the action of this convention on this subject? 
The majority of its members claim to belong to the progressive 
democracy. Gentlemen, while you are arranging new plans 
and embodying principles that will better secure the ends of. 
a republican government, remember that you should deal out 


246 WISCONSIN HISTORICAL COLLECTIONS [ Oct. 22 


‘equal and exact justice to all men.’’ We are here not for the 
purpose of making a constitution for a day, but it is to 
affect our posterity for generations yet unborn. All that I 
wish is that you may embody a provision on the broadest 
principle of equality, a provision that will equally affect 
every inhabitant of the state; and until you can prove that it 
is a crime to be born with a colored skin, I appeal to your jus- 
tice, to your humanity, to let this provision mark the progress 
of liberal views and democratic principles. Until you can prove 
that the colored race are not men, I shall lift my voice in de- 
fense of a principle which comes home to every reflecting mind 
and feeling heart. There is a moral responsibility resting upon 
every member of this house; and whenever his moral power can 
be brought to favor a progressive spirit that is raising all men 
to a stage of equality, it is a man’s duty to lend a helping 
hand. No man ever regretted or ever will regret having cast 
his exertions in a cause that alleviates any part of the race of 
which he himself is a fellow. The African race have claims 
upon us, and we should not shrink from a responsibility which 
we morally and politically are bound to meet. Here is the broad 
principle which the wisdom of our fathers declared as the 
foundation of our institutions, and you must declare by the vote 
you give on this question whether you believe it true or whether 
you regard it as an absurdity and a lie. 

Another principle in this report is that no distinction should 
be made between the foreigner who comes among us and the 
native-born citizen. I know not how this may be received by 
some of the members of this convention, but that it should be 
adopted into this constitution is my fullest belief. I am con- 
vinced of its practicability and justice, both in regard to its 
effect upon the foreigner and its bearings upon our own peo- 
ple. Ido not propose to enter into a lengthy discussion at this 
late time on the merits of this part of the question, but, if this 
matter is made a point of further investigation, I shall claim 
the privilege of defending the position I have here taken. That 
the foreigner, by his very act of coming among us, has come 
to the deliberate conclusion that our institutions are founded 
in right, and that he comes with a determination to know and 


1846] THE CONSTITUTION OF 1846 247 


understand the principles as well as to enjoy the blessings of 
our political organization is to me the only just and right con- 
elusion. The invitation has gone out that this is a land for the 
oppressed of every nation under heaven, and a spirit of grat- 
itude that ever flows in human bosoms prompts them to action, 
to exertion, to examination, in order that they might under- 
stand what should be their duty when they assume the respon- 
sibility of citizens who govern themselves. And we should 
meet them with a welcome hand and not with a coldness or with 
a stringent code to cripple any desire to make themselves cit- 
izens, so far as rights are concerned, in the land of their adop- 
tion. When they are prepared, or desire to exercise the elec- 
tive franchise, after they have sworn allegiance, let them do it. 

Another reason which has brought me to this conclusion is 
that designing men have made the restrictions, which some 
states have adopted, a source of political corruption. I charge 
no party or set of men; but the fact is beyond dispute and 
so notorious that it needs no proof. Let us cut off this source 
of evil by striking it at the roots. Itis not injuring us. It does 
not place us any more under foreign influence. There is noth- 
ing to be feared from any results growing out of thus opening 
our political temple to the worshippers of all nations. And 
it is only carrying out the principle of equality in thus extend- 
ing to every male inhabitant the privilege of exercising the 
right of voting. It is giving to the white and the black, the 
Indian and the foreigner the same privileges and the same 
inducements to become acquainted with and to enjoy whatever 
of good flows from our political institutions. 

The first article of this report is based on one universal prin- 
ciple; and for this I desire to see it engrafted into the constitu- 
tion without attaching any provisions against any man or class 
of men. It is a just principle because it is founded in right. 
It is right because it meets every being created in the image 
of God on an equality—an equality that should guide us in our 
relations with our fellow men—an equality which meets us at 
the first pulsations of being—an equality we are compelled to 
admit at the last flickerings of departing life. 


248 WISCONSIN HISTORICAL COLLECTIONS [ Oct. 22 


As regards my course on this question, I have a word to say. 
When the proposition came up in committee of the whole to 
submit to the people this question of negro suffrage I opposed 
it: First, because it was not going as far as I thought this con- 
vention should go. Its members had just come from the people, 
and they knew, or should know, their views on all questions ot 
as much importance as the one before us; and on them rested 
the duty of placing the ballot in every man’s hand. Second. 
because I thought it an attempt to dodge the point at issue— 
to shrink from the responsibility of recording their votes on 
the journal of the convention, direct and isolated, whether the 
blacks should be allowed to vote or not. Men could hide their 
views behind the action of the committee of the whole, no record 
of which is kept; and by heading the main question by this 
proposition they could avoid the consequences of meeting the 
people and undergoing the scrutiny which the progress of 
liberal principles in after time will give to the actions of the 
present. I freely exempt the western members from this 
charge, who showed a manly bearing in their open hostility to 
the whole principle in any shape. But when members who rep- 
resent a different constituency from their duplicity or want 
of moral courage seem determined to thwart all action and to 
prohibit all discussion on the question and seem wonderfully 
disturbed at the sentiments uttered, which they might have 
once entertained and had the boldness to assert—when these 
men, I say, seek to shrink from a responsibility which from 
their position they are bound to meet, I feel it my duty, not only 
as the immediate representative of my own constituency, but of 
the whole people, to use my greatest exertion to place these 
men in a right position before their countrymen, as well as to 
secure to the oppressed race, whose cause T have attempted to 
plead, the same privilege directly from the hands of this con- 
vention as is granted to any other class of men, and which every 
feeling of justice, right, and humanity calls loudly upon them to 
bestow.—Express, Oct. 27, 1846. 


1846] THE CONSTITUTION OF 1846 249 


SUFFRAGE 
(Remarks of Mr. Harkin, October 22, 1846) 


Mr. Present: It is true I will admit that among the rude 
and unenlightened foreigners that the gentleman from Wauke- 
sha says are daily landing on our shores, as well as many who, 
like myself, have spent eighteen years of their lives on this soil 
consecrated to liberty, there are many who are ignorant of 
many things in relation to government. In this case, I count 
this ignorance a blessing. Sir, they cannot know who are the 
wirepullers in this convention. Nor are they acquainted with 
the tricks and chicanery of your scientific politicians, or the 
nice distinction of a ‘‘tadpole,’’ a ‘‘retrogressive,’’ or a 
“<progressive’’ Democrat, that have so liberally been dealt out 
on this floor. Much less do they understand the mode and man- 
ner of securing a greater or less share of the public stealings 
in and about this capitol. But, sir, they do know the good 
old Jeffersonian progressive democracy and all the elements 
and fundamental principles of a republican government. Does 
not the great commercial intercourse of the two worlds, with 
the aid of steam and the speed of lightning, and that powerful 
engine, the press, which will spread in less than thirty days 
the discussions of this very body through every village and 
hamlet of western Europe, to be criticized by the Tory press 
of that land, and should the gentleman’s amendment become a 
law, to be thrown in your teeth as a burlesque on the democracy 
of this country—do not these facts tell you they are not ignorant 
of American institutions? Imagine if you can a tourist from 
this country discoursing on this asylum of the oppressed. Here, 
he says, we have no kings, no counts, no ecclesiastical dominion; 
the poor man is not humbled by paying feudal service to a lord, 
nor harassed by tithes or game laws. No, sir, they are the own- 
ers of the soil they till, and from Maine to the Rio Grande we 
bask in the sunshine of liberty and dwell in peace under our 
own vine and fig tree. In my youthful days with heartfelt rap- 
ture I listened to this strain. It was my proud privilege to 
gaze on the humble cottage where a Montgomery was born, and 


250 WISCONSIN HISTORICAL COLLECTIONS [ Oct. 22 


while a pulsation remains in my heart, and love of country 
warms with patriotic emotion my breast, can I for one moment 
_ forget the soul-entrancing rapture with which I have listened 
to my aged sire as he dwelt on the noble deeds and heroic dar- 
ing of a Montgomery and proudly claimed him as an Irish- 
man? Deluded and ignorant as the gentleman thinks they may 
be, are such men unfitted to have a vote in a free and en- 
lightened republic? But in order to satisfy the gentleman’s 
scruples about the qualifications and ability of the politically 
benighted foreigners, I would recommend that all foreigners 
be instructed in the following political catechism: 

Ques. What constitutes the integral of a nation’s wealth? 

Ans. Population. 

Ques. What constitutes the keystone in the arch of our lib- 
erty? 

Ans. The right of soil vested in the occupant. 

Who were Steuben, Lafayette, Pulaski, Kosciuszko, and 
Montgomery? J answer they were foreigners. Was there any 
man then to be found in the halls of Congress or in any other 
council of this nation that dared to stand up and demand that 
these foreign soldiers, who came here to deal death and de- 
struction in the ranks of our tyrants, should be five years in 
the country? Who was Benedict Arnold? A native Ameri- 
can! Was there any foreigner in the Hartford Convention? 
No, sir. They were in heart and soul native Americans! Oh, 
little did I think that the idolized flag of our country, which so 
proudly waves over us with its bright constellation of stars, 
was to have all its stars monopolized by the natives, while its 
stripes are to be dealt out to the foreigners !—Argus, Nov. 3, 
1846. 


ON SUBMITTING TO THE PEOPLE THE QUESTION OF 
NEGRO SUFFRAGE 


(Remarks of Mr. Judd, October 22, 1846) 
Mr. Judd said that before giving his vote he desired to say 


a few words, and a few only, for that neither his inclination 
nor the state of his health would permit him to retain his posi- 


1846] THE CONSTITUTION OF 1846 251 


tion on the floor but for a few moments at farthest. He was 
glad the question was now presented in a plain and distinct 
form. He should vote for the proposition as one, in his opin- 
ion, best calculated to meet the case, but he should do so for 
no such reasons as those stated by the gentleman from Wat- 
kesha (Mr. Randall) yesterday, when in committee of the whole 
on this subject. He should vote for this proposition, simply 
and plainly, as the best practicable manner of disposing of a 
very exciting and troublesome question: It is true, sir, that 
the negro is not a white man, nor can we make him such; and 
he did not understand this proposition as an attempt to effect 
that object—but it is nevertheless true that he is here among 
us, speaks our language, and ours only; he knows no other 
country or government, he is protected by our laws, and made 
subject to them. He is therefore, to all intents and purposes a 
native-born citizen of the country. It did indeed seem to him 
under such circumstances that it required no great stretch of 
what he understood to be true Democratic doctrine to allow 
him a voice in the election of officers who were to rule over him. 

He did know many, very many excellent men who were anx- 
ious for this question to be distinctly submitted to the people 
in order that a full and fair expression of public opinion might 
be had; and he for one was in favor of giving it that direction. 
If a majority of the white citizens was in favor of granting 
this privilege to the colored man, let him vote; but if they were 
against it, then let the right be refused and he was sure no one 
could justly complain that a fair opportunity had been denied 
for obtaining the privilege. The course would greatly tend to 
quiet all excitement upon this question and go far, very far, 
in his judgment, towards putting it forever at rest. 

He would further take this occasion to say that for himself 
he had nothing to do with the political abolitionists nor with 
their distinct organizations or operations; nor did he enter- 
tain any of their peculiar notions on the subject of emancipa- 
tion from slavery in other states—he eschewed the whole of 
them; but still he would do an act of justice to the colored man 
in our own territory, and that was all he contended for; and 
such was, as far as he had undertaken to say, the wish of those 


252 WISCONSIN HISTORICAL COLLECTIONS [ Oct. 22 


whose opinions he desired to represent. All he asked and all 
_ he desired here was that even-handed justice and equity should 
be done to the negro as well as to the white man, and that a 
fair chance should be given to the former to have his claims 
passed upon by all the people. This he considered the very 
essence of true democracy. He did therefore hope the amend- 
ment would prevail.—Argus, Nov. 3, 1846. 


(Messrs. Burchard, Parks, Harkin, and Judd successively 
addressed the convention, for whose remarks we have no 
room. ) 

Mr. Ryan said that the amendment now under consideration 
seemed designed to raise two questions, the power and the pol- 
icy of adopting the first section of the article, as it there stood. 
The gentleman from Grant who offered the amendment (Mr. 
Burnett) and another gentleman from the same county, on his 
left (Mr. Bevans), had both expressed great doubts of our 
power to adopt the first section; while the gentleman from 
Grant, on his right (Mr. Barber) had gone into a detailed legal 
argument against the power. He (Mr. Ryan) proposed to ex- 
amine that question of power, for it was idle to speak of the 
policy, if the power was doubtful. He would therefore pro- 
ceed at once to the question of our right in this question, and 
then, without entering into the details of the article or the 
amendment, add a few remarks on the general principles which 
seemed to him to be involved in the question: 

T assume the states of this Union, Mr. Chairman (said Mr. 
Ryan) to be sovereign states. This was once questioned; this 
was the debatable ground of the old Republican and Federal 
parties; but the judgment of reason and the verdict of man- 
kind alike pronounced for the good old republican doctrine of 
states’ rights; and well it is that it was so, for on the decision 
of that question were, in my judgment, staked the momentous 
human destinies committed to the charge of this age and this 
country. Sir, I will therefore assume this position and not 
argue it. The states of this Union are sovereign states, not 
the provinces of one overwhelming and overshadowing central 
sovereignty, but free states, independent and sovereign, each 


1846] THE CONSTITUTION OF 1846 253 


in itself and by itself, as any in the civilized world, associated 
together in a confederacy of separate sovereignties for the 
common good, by a treaty which we call the Constitution of the 
United States. The government of this confederacy is a lim- 
ited, delegated government. The states of the confederacy, like 
other sovereignties, by many other treaties, surrender by ex- 
press stipulation certain of their rights of sovereignty to the 
keeping of the confederacy; what they do not surrender to the 
United States, what sovereign rights and powers they do not 
expressly restrain themselves of by the Constitution of the 
United States, they themselves retain. What sovereign powers 
they do not expressly delegate to the United States, the United 
States do not in anywise possess. The United States is, as I 
said, a delegated, limited government, having in itself no sov- 
ereign character, but exercising so much of the sovereign pow- 
ers of the states as the states have committed to its charge, 
and none other; while the states are free, original, national 
sovereignties, possessing all the attributes of sovereignty, save 
such as they have thus delegated to the common confederacy 
for the common good by this common constitution which itself 
declares in terms ‘‘that all powers not delegated to the United 
States by this constitution nor prohibited by it to the states 
are reserved to the states respectively.”’ 

We of Wisconsin are not yet of this Union, but have an in- 
herited and territorial right to enter it, and are here to assert 
that right. When Wisconsin becomes a state by the adoption 
of the constitution we are here to frame, she becomes a sover- 
eignty, not a province as she is and has been, but a free, inde- 
pendent, national sovereignty. This is her aim in becoming 
a state; this is her right by becoming one. But she also be- 
comes in the act a party to that treaty which we call the Con- 
stitution of the United States and surrenders by it just so 
much of her sovereignty as the states which made that treaty 
did by express terms surrender. When this instrument upon 
which we are engaged has been adopted by our people as their 
constitution, Wisconsin steps forth amongst the sovereignties 
of the earth with every power and attribute of sovereignty 
which she has not by this very act delegated to the confederacy 
of the states. 


254 WISCONSIN HISTORICAL COLLECTIONS [ oct. 22 


Let us then proceed to examine what and how much power 
on this subject she takes in her sovereign capacity; what and 
how much she surrenders by becoming a party to the Union. 

The Constitution of the United States gives to Congress the 
power to pass uniform laws of naturalization, and this grant 
of power I admit to vest in Congress, while they continue to 
exercise it, the exclusive right of naturalization. It is argued 
by the gentleman on my right (Mr. Barber) that if we adopt 
the first section of this article, conferring the right of suffrage 
on aliens who have declared their intentions to become citi- 
zens and taken an oath of allegiance to the United States and 
this state, we are exercising a power of naturalization which 
we do not possess, and violating the Constitution of the United 
States. Sir, I deny that this is the exercise of any power of 
naturalization. Sir, I deny we are exercising any power dele- 
gated to the United States; and I assert that we are by the 
adoption of this provision in the simple and unquestionable 
exercise of a sovereign power which the states have never sur- 
rendered, and which almost every state has in one way or an- 
other continually exercised: the sovereign power of denization. 

Common-law writers divide the people on the subject of cit- 
izenship into three classes: citizens or subjects, denizens, and 
aliens. I read from Blackstone’s Commentaries that ‘‘the first 
and most obvious division of the people is into aliens and nat- 
ural born subjects. Natural born subjects are such as are 
born within the dominions of the crown of England: that is 
within the ligeance, or, as it is generally called, the allegiance 
of the king; aliens, such as are born out of it * * * A 
denizen is an alien born, but who has obtained, ex donatione 
regis, letters patent to make him an English subject; a high 
and incommunicable branch of the royal prerogative. A deni- 
zen is a kind of middle state between an alien and natural born 
subject and partakes of both of them. A denizen is not excused 
from paying the alien’s duty.’’ 

Such is at this day and in this country the unquestionable 
division, on this subject of citizenship, of all who dwell amongst 
us; we are all of one of the three classes, and many in many 
of the states belong to each of the classes: citizens, denizens, 
or aliens. 


1846] THE CONSTITUTION OF 1846 255 


Aliens are persons of foreign birth who have been admitted 
to no right of citizenship. Denizens are born aliens who are 
admitted by law to some rights, more or less, of citizenship, 
but who have not become citizens. Citizens are those who by 
birth or naturalization have inherited or acquired that char- 
acter. 

The term ‘‘citizen’’ has been defined by the gentleman at 
my side (Mr. Barber) to signify ‘‘a person, native or natural- 
ized, who has the privileges of exercising the elective franchise, 
and of purchasing and holding real estate.’’ Sir, I deny this 
definition utterly, and I deny, sir, that it is the definition, as I 
understood the gentleman from Grant to say, of any writer of 
authority. 

Mr. J. A. Barber: The definition is not mine; it is Web- 
ster’s. 

Mr. Ryan: What Webster? _ 

Mr. Barber: Webster’s dictionary. 

Mr. Ryan: Humbly and profoundly I make my bow to the 
gentleman from Grant and Noah Webster. Noah Webster! 
Why, sir, I hoped at least the gentleman’s high authority was 
Daniel, though I would have wondered at a great lawyer using 
such a definition. Yet, still, I never thought to live to hear a 
full-grown, respectable lawyer, like my friend at my side, 
quote Webster’s dictionary on a grave legal argument, as a 
grave legal authority. It argues not his poverty, but the pov- 
erty of his position on this question. 

Sir, this definition is a total mistake. Citizenship, which is 
substituting the American for the European relation of sub- 
ject, is that relation which subsists between the born inhabi- 
tant and the sovereignty under whose flag he is born; and 
which may be arbitrarily communicated by the process of nat- 
uralization to one of foreign birth. It involves the duty of al- 
legiance on the part of the citizen, and the duty of protection 
on the part of the sovereignty. It may or may not carry with 
it the right of holding and transmitting real estate, which I 
take to be a conferred civil right; it may or may not carry with 
it the right of suffrage, which I take to be a conferred political 
right. To be sure, no man dare at this day seek to restrain 


256 WISCONSIN HISTORICAL COLLECTIONS [ Oct. 22 


the privilege of holding realty; but that shows the force of a 
principle, not of a right. To be sure, no man at this day can 
claim communion with the spirit of our age and of our insti- 
tutions, who would seek to restrain the privilege of suffrage; 
but that is because we yield to the teaching of a great political 
principle and confer the right upon all fitted for its exercise. 
Tt was conceded on all hands, on the discussion of another 
amendment to this first section, that the right of suffrage was 
a conferred or withheld franchise, and so I take it indubitably 
to be. Citizenship, sir, does not depend on any conferred right 
or franchise; it is an original and inevitable relation, as I en- 
deavored to explain, of allegiance and protection. So much 
for Noah Webster and his legal definition. 

In regard to the reception of aliens, all sovereignties possess 
two different and distinct powers—naturalization and deniza- 
tion. So distinct are these two attributes of sovereignty that 
in England they are exercised by different authorities under 
the constitution. The parliament naturalizes; the Crown con- 
fers denization. Naturalization adopts the alien and confers 
on him the full character and unreserved rights of citizenship. 
Denization refuses to adopt the alien, but admits him to some 
certain limited rights of citizenship. Naturalization is the 
higher, denization the lower power; both are the inherent and 
exclusive powers of sovereignty. I read again from Black- 
stone: ‘‘Naturalization cannot be performed but by act of par- 
liament, for by this an alien is put exactly in the same state 
as if he has been born in the king’s ligeance. Denization is 
ex donatione regis a branch of the royal prerogative. The 
right of making denizens is not exclusively vested in the king, 
for it may be exercised by parliament; but it is scarcely ever 
exercised by any but the royal power. Naturalization is not, 
as denization may be, merely for a time, but is absolutely for- 
ever.”’ 

Here then are two distinct and different powers of sover- 
eignty, separately existing, separately exercised; and these 
two sovereign powers this state of Wisconsin acquires by be- 
coming a state. Does she surrender either or both of them? 


1846] THE CONSTITUTION OF 1846 257 


The power of naturalization she undoubtedly surrenders by 
becoming a party to the Union. She confers upon Congress 
the power and, I admit, the exclusive power, while united, of 
passing uniform laws of naturalization. The sovereign power 
of naturalization cannot be exercised by the state of Wisconsin. 

But, sir, the other distinct and separate power of denization 
she never has and never will surrender. One proposition is 
as plain as the other. Nowhere does the Constitution of the 
United States delegate or restrain the exercise by the sovereign 
state of Wisconsin of this attribute of her sovereignty, this 
power of denization. The state of Wisconsin can confer upon 
aliens within her boundaries, and while within them, deniza- 
tion; and by this article she will do no more and no different. 

The gentleman from Grant at my side (Mr. Barber) has said 
that the rights of denizenship consist in the holding and trans- 
mission of real estate. The proposition as a general propo- 
sition is not correct. True it is such are the rights conferred 
by English law upon English denizens. But those rights may 
be there lessened or enlarged without affecting the character 
of the denizen as such; and here in this Union various states 
may confer and have conferred upon their denizens various 
measures of right. 

By the common law an alien cannot hold his realty. Black- 
stone says that ‘‘an alien may purchase lands or other estates, 
but not for his own use, for the king is thereupon entitled to 
them.’’ This right is conferred by most of the states upon 
their denizens; the conferring of this right, by the very act, 
makes the alien a denizen. Some states confer this right ab- 
solutely, some upon terms. Other states confer upon denizens 
this and other rights; two, Michigan and Illinois, the right of 
elective suffrage amongst others. I had a passage marked in 
Kent’s Commentaries to show this exercise of power by the 
states, as of their unsurrendered sovereign power; but I do 
not find the book on my desk. 

Gentlemen argue that we make citizens of this state by this 
article; and that if we have power to do so, the citizens so made 
can carry this right of citizenship with them into other states, 
under the clause in the Constitution of the United States which 


17 


258 WISCONSIN HISTORICAL COLLECTIONS [ Oct. 22 


says ‘‘that the citizens of each state shall be entitled to all the 
privileges and immunities of citizens in the several states.’’ 
And hence they argue that we are in fact assuming a power 
of naturalization, or as one gentleman said, ‘‘tinkering with 
the naturalization laws,’’ and coming in conflict with an ex- 
elusive power of the United States. Sir, I deny both the 
premises and the conclusion. 

I apprehend that this clause in question was substantially 
transferred from the old articles of confederation into the Con- 
stitution of the United States. Under the articles of confed- 
eration the states retained the power of naturalization as well 
as the power of denization. And as the articles of confeder- 
ation contained a clause, the original as I take it of this clause 
in the Constitution of the United States whereby ‘‘the free in- 
habitants of each state were entitled to all the privileges and 
immunities of citizens in all the states,’’ it followed that each 
state really possessed the power of naturalization in all the 
states; for the alien naturalized in one state upon a year’s 
residence, moving into another state requiring five years’ resi- 
dence, carried his citizenship with him in defiance of the local 
law of the state into which he moved. This was the reason 
why the power of naturalization was by the Constitution of the 
United States surrendered, and most wisely surrendered, to 
Congress. Under the articles of confederation there was no 
such thing known as a citizen of the United States. Hach cit- 
izen, native or naturalized, was a citizen of the state in which 
he dwelt. If he removed to another, he acquired under the 
provision I have quoted by the act of removal the character 
of a citizen of that other state while he dwelt within it—a sort 
of naturalization in itself. But under the Constitution of the 
United States all citizens are citizens of the United States. I 
take it that there is no longer, as a distinctive character, a cit- 
izen of a state. If a man be a native citizen, born in Mary- 
land, or be naturalized in Maryland or in New York or in Ili- 
nois, he is not thereby a citizen of Maryland or New York or 
Tilinois, but of the United States; he carries that character 
with him wherever he goes, in all his migrations; and hence I 
think the adoption of the old clause of the articles of confed- 


1846] THE CONSTITUTION OF 1846 259 


eration under which all were citizens of the separate states 
into the constitution under which all are citizens of the United 
States was an unnecessary and null provision, of no practical 
effect, and an excrescence on that admirable instrument. 

But give to that provision what effect we will, it in no way 
relates to denizens and has no influence on their rights or char- 
acter as such; for we make denizens of our state, while remain- 
ing in it—not denizens of the United States. We clothe them 
with no character which they can carry with them across our 
boundaries; we confer upon them rights coextensive only with 
our territorial limits; and if an alien, whom we thus raise to 
the rights and dignity of a denizen, crosses our boundaries, 
ceases to be a dweller amongst us, and seeks in other states 
another home, he again becomes an alien. He was a denizen 
of Wisconsin; he loses that character by ceasing to be an in- 
habitant of Wisconsin; and we never made him a denizen of 
the United States, or of any state to which he may remove. 

The right of suffrage, which by this article we propose to 
confer upon our denizens, on certain terms, we have power to 
confer or to withhold. We may make denizens with this right, 
or without it; the power is arbitrary, and we here represent- 
ing the future sovereignty of Wisconsin have the full, abso- 
lute, and unrestrained power as we for our people may deem 
expedient to confer it or to withhold it. 

Not only upon aliens, but upon citizens, may we here confer 
or withhold this right of suffrage. Gentlemen will see that 
suffrage is not citizenship, nor citizenship suffrage. We have 
power, unquestionable power, to confer this right upon citizens, 
as such and without limitation, or to withhold it from citizens 
as such, and confer it upon qualifications. The committee 
know my opinions of the propriety of doing this. But I am 
arguing of the power. Sir,we may—many states do—confer 
suffrage, not upon citizenship, but upon property or other qual- 
ifications. Sir, we not only may do this, but to some extent we 
do it; we refuse to the citizen under twenty-one years of age 
the right of suffrage; we refuse to the female citizen the right 
of suffrage; we refuse to all citizens the right of suffrage until 
they shall have dwelt a year within our state. And, sir, as this 


260 WISCONSIN HISTORICAL COLLECT IONS [ Oct. 22 


is a franchise which we have power to limit to the citizen, so it 
is a franchise we may confer upon the denizen; the one prop- 
osition is as clear as the other, and indeed the one seems to 
prove the other. 

I find on my desk the volume of Kent of which I before 
spoke, and I will now trouble the committee with a quotation of 
some length which applies more to a previous portion of my 
remarks, but which will show gentlemen that I am setting up 
no new or unsanctioned doctrine. 

‘‘The legislature of New York,” says this great jurist, ‘“‘and 
probably of many, other of the states are in the practice of 
granting to particular aliens, by name, the privilege of hold- 
ing real property; and by a permanent provision in New York 
aliens are enabled to take and hold lands in fee, and to sell, 
mortgage, and devise or lease the same, equally as if they were 
native citizens: Provided the party had previously taken an 
oath that he was a resident in the state and intends always to 
reside in the United States, and to become a citizen thereof as 
soon as he can become naturalized, and that he has taken the 
incipient measures required by law for the purpose. There 
are similar statute provisions in South Carolina, Indiana, Dela- 
ware, and Missouri; and in Louisiana, Pennsylvania, Mary- 
land, Dlinois, and Ohio the disability of aliens to take, hold, and 
transmit real property seems to be entirely removed.”’ - 

And in a note the learned commentator refers to the act of 
South Carolina of 1799, prescribing the terms of denization: 
‘Tn North Carolina and Vermont there is even a provision in- 
serted in their constitution that every person of good char- 
acter who comes into the state and takes an oath of allegiance 
may thereupon purchase and by other just means acquire, 
hold, and transfer land, and after one year’s residence become 
entitled to most of the privileges of a natural born subject. 
These civil privileges conferred upon aliens by state author- 
ity are dictated by a just and liberal policy, but they must be 
taken to be strictly local, and until a foreigner is duly natural- 
ized according to the act of Congress, he is not entitled in any 
of the states to any other privileges than those which the laws 
of that state allow to aliens. No other state is bound to admit, 


1846] THE CONSTITUTION OF 1846 261 


nor would the United States admit, any alien to any privileges 
to which he is not entitled by treaty, or the laws of nations, or 
the laws of the United States or of the state in which he dwells. 
The article in the Constitution of the United States, declaring 
that citizens of each state were entitled to all the privileges 
and immunities of citizens in the several states, applies to nat- 
ural born or duly naturalized citizens; and, if they remove 
from one state to another, they are entitled to the privileges 
that persons of the same description are entitled to in the state 
to which the removal is made and none other.’’ 

Sir, by this and many other passages of a similar character 
to be found in almost all commentaries on American law gen- 
tlemen will see that this thing which by this article we pro- 
pose to do is no new thing, no unsanctioned thing, no unusual 
thing, no unauthorized thing. It is the simple exercise, in one 
form, of a power which almost all the states appear to exercise 
in some form. 

But gentlemen express apprehensions that with this provi- 
sion in our constitution Congress will refuse us admission into 
the Union. Refuse us, sir! Congress has no power; Congress 
has at least no right. Let me tell gentlemen that the state of 
Wisconsin, when she approaches the pale of the Union and 
asks admission within it, approaches it erect in sovereignty, a 
sovereign state; save in those powers whose exercise she vol- 
untarily delegates to the general confederacy of herself and 
her sister states she stands forth in that act a state amongst 
states, supreme within herself, a sovereign of intact and virgin 
sovereignty. She demands entrance into the glorious sister- 
hood of states as her innate right, no longer creeping under 
tutelage, a province, but standing forth before the world 
clothed in her own sovereign attributes; and if Congress dare 
to say to her that there is yet another attribute of power to be 
surrendered before she can be permitted to enter—if Congress 
dare to exact at the door of the Union the toll of an unsur- 
rendered, undelegated right of her supreme authority within 
herself—sir, I would say to Congress, ‘‘She will not enter: she 
will not bow her sovereignty in the dust and strip herself of 
her sovereign attributes as the price of admission; she will not 


262 WISCONSIN HISTORICAL COLLECTIONS  [Oct. 22 


enter as submissive province; she will enter in her sovereign 
right, intact, unsullied, unsurrendered, or she will remain with- 
out forever. Better be as she has been, a warded territory, 
than disgrace that Union, a degraded and crippled sover- 
eignty.’’ Sir, Congress will not refuse our state. 

Having detained the committee so long on the question of 
right, I will not long delay them on the question of policy. 1 
will simply throw out some general views which I have gath- 
ered from history, as subjects of consideration, than myself 
delay the committee by entering into the consideration of them. 
And first, sir, let me congratulate the gentleman from Grant 
who offered this amendment (Mr. Burnett) and his friends on 
the liberality of their proposition which a few years ago would 
have been in advance of the general opinion on this subject 
and is now little behind it in principle. I have ever observed 
that political progress draws its opponents with it, who con- 
tinually occupy the ground vacated by the friends of progress 
as they advance further on in their mission. 

Sir, I believe that all modern civilization and all modern 
political amelioration is to be traced to the effects of that 
migratory propensity which God’s providence implanted for 
his own wise ends in the heart of man. In modern times its 
earlier history is to be found in the arrayed and embattled de- 
scents of the barbarous hordes of the North upon the seats of 
the pagan civilization, in which desolation went before amelior- 
ation. Terrible as was the overturning of empires and the up- 
rooting of institutions, these fearful and desolating migrations 
in overwhelming the ancient civilization founded the modern. 
They mixed the races of men, they mixed the habits of men, 
they mixed the arts of men,—all great things in the progress 
of human destinies. 

In times yet more modern and amongst events yet more re- 
lated to ourselves the migratory principle took a milder form 
and no longer guiding the embattled and desolating hosts it 
accompanied the peaceful emigrant and planted the first settle- 
ments upon our shores. 

And when Europe, with its crowded and jostling millions of 
half famished serfs seemed, upon the very eve of a political 


1846] THE CONSTITUTION OF 1846 263 


convulsion, to try man’s right to man’s earth and man’s labor, 
to try conclusions between man and man’s hereditary usurpers, 
and the wise ones of the earth held their breath in terrified an- 
ticipation of the struggle which promised to desolate the dense 
habitations of man’s race and deluge the earth in man’s blood 
the providence of the God of nations was wiser than the wisest 
ones of earth, and the migratory propensity he had planted in 
man’s heart had been gradually gathering on our shores the 
outeasts of European exaction and European oppression, and 
in their yet peaceful settlements the first great act of the mod- 
ern drama of history was to be played, and almost all its hor- 
rors averted. Yes, sir, this continent of ours was, as I religi- 
ously believe, foreordained to receive the overflowings of Ku- 
rope’s overcrowded and overgoverned millions ; foreordained to 
be the asylum and resting place for ages to come of the migra- 
tory propensity ; foreordained to receive and to mingle together 
a hundred races of man’s blood, and the habits, arts, and in- 
dustry of a hundred lands of man’s old habitation; foreor- 
dained in these, and by these, to solve forever the problem of 
man’s capacity for self-government. We talk of American 
character and the American race. Sir, there is strictly none 
such. The race is the mixture of all races of white blood, and 
for that very reason, in my judgment, far superior to any 
unmixed race of men; their character is gathered from the hab- 
its of all modern people, the best from each; the elements of the 
race and their character are all foreign; the compound result 
is all that is American. Such are the blessings of the migra- 
tory principle. 

And we here in Wisconsin—the paradise of western civiliza- 
tion, the promised land of modern emigration—to what do we 
owe all our wealth, all our power, all our greatness—our very 
capacity and right to become a state? Sir, to emigration—to 
the working of God’s law of migration. God gave a land full 
of all fertility, teeming with all capacity; but without civilized 
settlement it had as well been a barren waste, and He who made 
it implanted in the hearts of far-off millions of aliens the desire 
of removing to it; and they come. Sir, all our wealth comes 
from numbers, all our power from numbers; our right to sit 


264 WISCONSIN HISTORICAL COLLECTIONS  [0ct. 22 


here and form a state constitution comes from numbers; and 
our numbers come from emigration. Think you, sir, that man’s 
natural increase even in this teeming country would have made 
the two or three millions of the Revolution the nearly twenty 
millions of today? No sir; emigration did it—European emi- 
gration—to which we as aa owe today’s emigration from 
other states of this Union, as that from the European states 
themselves. Sir, Wisconsin owes all to emigration—foreign 
emigration—even to her very existence today as a civilized 
state. 

And shall we resist our destiny, or foster it? Shall we check 
the principle to which we owe all, all to our very existence? 
Shall we invite emigration here by rewards, or discourage it 
by restrictions? Shall we invite it to Wisconsin, or turn it 
aside to more liberal states? And for what? For fear of 
emigration? The very same emigration which made us? And 
why? Is it because the old monarchies of the earth feared and 
still fear the migratory principle which is destined yet to over- 
whelm them all? Sir, migration has founded our whole sys- 
tem. Sir, it was well for the monarchs of the earth to fear 
emigration and the emigrant; it was well for them to resist 
the admission of man, as man, to exclude all except the born, 
hereditary idolaters of their royalties, all except the born, 
hereditary believers in their blasphemous usurpation of the 
rights of man, and to keep all men within the influence of inher- 
ited allegiance, the strong bigotry of birth. Sir, this was a 
fear well founded; but republics, what have they to fear? The 
deep, heart-felt, soul-absorbing love of the emigrant for the 
republican asylum of his life. This, sir, is what men may 
fear in emigration here, and fear it in men who seek this asy- 
lum through dangers and difficulties, with the one hope here 
to sit down, here invest their all of art, and industry, and hope, 
and life, here to live and here to die, here to plant their pos- 
terity forever—men to whom all earth offers no other hope, 
affords no other asylum. 

And, sir, [may speak something of foreigners, who am myself 
of foreign birth, though I thank heaven these dozen years a 
citizen of the United States, and never hope to see another 


1846] THE CONSTITUTION OF 1846 260 


land, never desire to owe another allegiance. Sir, if I may 
judge, there is no class of people amongst us who have a greater 
admiration of our institutions, a greater love of our country, 
who will work for her, pray for her, fight for her, die for her, 
with truer, readier allegiance than the great body of foreign 
emigrants—the men who perform the same part in the destinies 
of the West that your fathers did in the destinies of the East. 
And if you adopt this article, the allegiance you require as a 
condition of the suffrage you confer will be kept in true hearts 
and by strong arms. Sir, I will say of myself what I believe 
to be true of us all. There is no man here loves his native 
land better than I mine; few, I am bold to say, as well; for 
misfortune draws the ties of patriotic affection closer than 
Americans can know, and long may it be so. Sir, with all my 
love, all my ties, all my pride, all my hope for the land of my 
birth and of my fathers, all those feelings pale before the alle- 
giance I have sworn and the love I have acquired and which has 
grown stronger in my heart with years and experience for the 
land which received me an emigrant and adopted me a citizen; 
and were my native land, against all hope, once more free, and 
stood she forth amongst the nations, in the language of her 
own inspired son—redeemed, regenerated, disenthralled—I 
would exult as man cannot often exult; but my allegiance of 
duty and of love is here, and I would never, not even then, be 
tempted to change it. 

Such, sir, is the love of the great body of foreign emigrants 
here; and it tells well for them and for the institutions of the 
country that such an attachment is engendered by human insti- 
tutions and finds a fruitful growth im the hearts of all who 
seek and find an asylum under those institutions; and long may 
it continue so. 

The convention adjourned.—Argus, Oct. 27, 1846. 


266 WISCONSIN HISTORICAL COLLECTIONS  [0ct. 23 


Fray, OcToBer 23, 1846 


Prayer by the Rev. Mr. Miner. 

The journal of yesterday was read. 

Mr. Reed presented the petition of M. J. Bovee asking to be allowed 
to eontest the seat of Mr. Burchard, a member from Waukesha County, 
and moved that the said petition be referred to a select committee of 
five. Wm. R. Smith moved to amend the motion by adding, “‘and that 
said committee have power to send for persons and papers.”’ 

Mr. Burnett moved to amend the amendment by striking out all 
after the word [‘‘and’’] and inserting ‘‘that said committee have power 
to examine under oath any competent witnesses, or to examine any 
other legal evidence that may be produced by either of the parties,’’ 
which was agreed to. And a division having been called for, there 
were 46 in the affirmative and 18 in the negative. 

Moses M. Strong moved to amend by inserting as follows: ‘* And 
that said committee, before they act upon the petition, give to Chas. 
Burchard, whose seat is contested, fair opportunity to contest the fact 
alleged in the petition of Mathias J. Bovee,’’ which was agreed to. The 
motion as amended was then agreed to. 


W. R. Smith moved to amend the amendment by adding 
‘and the committee shall have power to send for persons and 
papers.’’ He thought it a strange mode of precedure on the 
part of the petitioner to wait until the convention had been in 
session near three weeks, before presenting his claims. He also 
adverted to the novel character of the petitioner, which he 
viewed in this light: ‘‘That the petitioner had received fewer 
votes than the member who now occupied the seat, and he 
wished the convention to inquire into the reason why he had 
not received as many votes as his colleagues on the same 
ticket.”’ 

Mr. Burnett then offered an amendment to General Smith’s 
amendment, to the effect that the interested parties should be 
responsible for the costs of obtaining evidence in the case. 

W. R. Smith opposed this amendment as unjust to Mr. Bur- 
chard, as he had duly presented his credentials in the same man- 
ner as every other member of the convention, and had been 
admitted to the seat which a new claimant now appeared to 
oust him from. 


1846] THE CONSTITUTION OF 1846 267 


The question was put on Mr. Burnett’s amendment, and it 
was carried. The question then recurred upon General Smith’s 
amendment as amended, which was also carried.—E xpress, Oct. 
27, 1846. 


The Speaker announced the appointment of the following commit- 
tee to whom said petition was referred, to wit: Messrs. Burnett, Wm. R. 
Smith, Burt, Parkinson, and Brace. 

Leave of absence was asked for and granted as follows: 

By Asa Kinne for Mr. Cooper; by Wm. R. Smith for Mr. Goodsell; 
by Mr. Baker for Sewall Smith and Topping; by: Moses M. Strong for 
himself. 

Mr. Prentiss, from the committee on the act of Congress for the ad- 
mission of the state, reported No. 11, ‘‘Article relative to the act of 
Congress for the admission of the state.’’ 


‘‘The committee on the act of Congress for the admission of the 
state respectfully report to the convention, for its adoption, the fol- 
lowing article: 

‘*Section 1. The propositions of the Congress of the United States 
as made and contained in their act of the sixth day of August one 
thousand eight hundred and forty-six, entitled ‘An Act to enable the 
people of Wisconsin Territory to form a constitution and state govern- 
ment, and for the admission of such state into the Union,’ are hereby 
accepted, ratified, and confirmed; Provided, nevertheless, That nothing 
in this constitution or in the act of Congress aforesaid shall in any 
manner prejudice or affect the right of the state of Wisconsin to 500,000 
acres of land granted to said state, and to be hereafter selected and 
located by. and under the act of Congress of the United States, ap- 
proved September fourth, one thousand eight hundred and forty-one. 

‘*Section 2. The state shall never interfere with the primary dis- 
posal of the soil within the same by the United States, nor with any 
regulations Congress may find necessary for securing the title in such 
soil to bona fide purchasers thereof; and no tax shall be imposed on 
land the property of the United States; and in no case shall nonresi- 
dent proprietors be taxed higher than residents. 

THEODORE PRENTISS 
J. M. Bascock 
V. M. Wiiuarp 
JAMES CHAMBERLAIN 
Pitts EL.is, 
Committee’’ 


Which was read the first and second times, referred to the commit- 
tee of the whole, and ordered printed. 

Resolutions were introduced and read as follows, to wit: 

By: Mr. Chase, ‘‘Resolved, That it is expedient for this convention 
to limit the amount of real estate which any person may own and hold 
within the state of Wisconsin.’’ 


268 WISCONSIN HISTORICAL COLLECTIONS  [0ct. 28 


By Mr. Burnside, ‘‘ Resolved, That a committee of five be appointed 
to take into consideration the propriety of reporting an article to be 
engrafted in the constitution, to the effect that citizens of the state of 
Wisconsin shall not be compelled to do military duty until they shall 
have attained their majority.’’ ‘ 

Moses M. Strong moved a call of the convention, which was ordered, 
and the following members reported absent, to wit: Messrs. Cham- 
berlain, Dickinson, Gilmore, Hill, Inman, Prentiss, and Sewall Smith. 

Mr. Judd moved that all further proceedings under the eall be dis- 
pensed with, which was agreed to. 

The unfinished business of yesterday, it being the report of the com- 
mittee of the whole on No. 2, ‘‘Article on suffrage and the elective 
franchise,’’ was then taken up. 

The question having been put on the adoption of the amendment 
offered by Mr. Burchard, it was decided in the negative. And the 
ayes and noes having been called for and ordered, those who voted in 
the affirmative were [affirmative 12, negative 91; for the vote see Ap- 
pendix I, roll call 31]. 


Mr. Baker said he was personally in favor of free suffrage, 
but as he well knew that the majority of his constituency were 
opposed to it felt it his duty to vote against it here although 
he should have voted for it at the ballot box. 

Messrs. Granger and Beall first voted in the affirmative, but 
afterwards obtained leave to change their votes, which they 
said had been given under a misapprehension of the question. 
Here there was something said on the other side of the house 
about ‘‘crawfishing.’’—Ezpress, Oct. 27, 1846. 


’ A. Hyatt Smith moved to amend the report by inserting in the first 
section thereof between the words ‘‘taken’’ and ‘‘and’’ in the ninth 
line the words ‘‘before any officer authorized to administer oaths,’’ 
which was agreed to. 

Mr. Bennett moved to amend the said report by striking out all of 
section first to the word ‘‘election,’’ and inserting: 

‘“Section 1. Every white male citizen of the age of twenty-one 
years and upwards who shall have resided in the state three months 
next preceding any election, and all [every] white male persons [per- 
son] who shall be of lawful age, and who shall have declared his in- 
tention to become a citizen in conformity with the laws of Congress 
regulating the subject of naturalization, and shall have taken and filed 
in any court of record in this state or in the office of the clerk thereof 
an oath to support the Constitution of the United States and of this 
state, and who shall have resided in the state twelve months next pre- 
ceding any election.’’ 


1846] THE CONSTITUTION OF 1846 269 


And the question having been put on said amendment, it was de- 
cided in the negative. And the ayes and noes having been ealled for 
and ordered, those who voted in the affirmative were [affirmative 14, 
negative 83; for the vote see Appendix I, roll eall 32]. 

Horace Chase moved to amend the report by striking out the first 
section and inserting: ‘‘Section 1. Every white male inhabitant of 
this state of the full age of twenty-one years who shall have been a 
resident of this state six months and of the county in which he claims 
his vote ten days before the election shall be entitled to vote for all 
officers that now are or hereafter may be elective by the people, by 
taking the following oath or affirmation: ‘You solemuly swear (or af- 
firm) that you will support the Constitution of the United States and 
of this state.’ ’’ 


Mr. Strong called for the previous question, which was ordered. 
And the question having been put, ‘‘Shall the main question be now 
put?’’ it was decided in the affirmative. 

The President stated that under the rules the question would be on 
the adoption of the amendment offered by Mr. Chase. And the ques- 
tion having been put, it was decided in the negative. And the ayes 
and noes having been called for and ordered, those who voted in the 
affirmative were [affirmative 10, negative 88; for the vote see Appen- 
dix I, roll call 33]. 

The report of the committee as amended was then adopted. 

The question having been put on ordering the said article to be en- 
grossed for a third reading, it was decided in the affirmative. And 
the ayes and noes having been called for and ordered, those who voted 
in the affirmative were [affirmative 80, negative 21; for the vote see 
Appendix I, roll call:34]. 

Moses M. Strong moved that the convention adjourn until Monday 
morning next at ten o’clock. Mr. Baird moved to amend the motion 
by striking out the words ‘‘Monday morning next at ten o’clock’’ and 
inserting ‘‘until two o’clock P. M.’’ And the question having been 
put, it was decided in the negative. And a division having been called 
for, there were 32 in the affirmative and 49 in the negative. 

Mr. Hunkins moved that the convention adjourn, which was [dis] 
agreed to. And a division having been called for, there were 28 in 
the affirmative, negative not counted. 

The question then recurred on the motion of Moses M. Strong. And 
having been put, it was decided in the affirmative. And the ayes and 
noes having been called for and ordered, those who voted in the af- 
firmative were [affirmative 53, negative 48; for the vote see Appendix 
I, roll call 35]. 
o’clock A. M. 

So the convention adjourned until Monday morning next, at ten 


So the convention stood adjourned to Monday morning. 
(The alleged cause for this unnecessary waste of time and 
public money was to allow the superintendent to perfect some 


270 WISCONSIN HISTORICAL COLLECTIONS oct 23. 


alteration in the room—this was the hanging of two lamps— 
which is now—three o’clock P. M.—completed ; the true cause, 
however, was well known to be that of allowing the ruling mem- 
ber from Iowa to visit his constituents.)—Exrpress, Oct. 27, 
1846. 


1846] THE CONSTITUTION OF 1846 271 


Monpay, Octoser 26, 1846 


Prayer by the Rev. Mr. Miner. 

The journal of yesterday was read. 

Leave of absence was asked for and granted as follows: By Mr. 
Bevans for Mr. Burnett; by Mr. Bevans for Mr. Bell; by Mr. Burn- 
side for Mr. White; by Mr. Ryan for Mr. Bennett; by Mr. Rankin for 
Mr. Geo. Hyer; by Mr. Parkinson for Mr. Madden; by Mr. Warren 
Chase for Mr. John M. Babcock. 

Warren Chase presented a petition of Jacob LyBrand asking that 
an article be engrafted in the constitution allowing all persons, with- 
out distinction of color, sex, or nation, to exercise the elective fran- 
ehise, and recognizing all the inhabitants of the state of Wisconsin of 
a certain age on a perfect equality, which on his motion was laid on 
the table. 

Mr. Crawford, from the select committee to which was referred the 
resolution to abolish the office of justice of the peace, reported, ‘‘that 
it is inexpedient to abolish justices’ courts at the present time.’’ The 
said report was accepted. 

Mr. Baird, from the committee on organization and officers of coun- 
ties and towns, and their power and duties, reported No. 12, ‘‘ Article 
on organization and officers of counties and towns, and their power[s] 
and duties.’’ 


**The committee on organization and officers of counties and towns, 
and their powers and duties report the following article: 

“Section 1. There shall be but one system of town and county gov- 
ernment, which shall be uniform as near as practicable throughout 
the state. 

“Section 2. Sheriffs, clerks of the circuit courts, and clerks of the 
county boards, registers of deeds, coroners, and district attorneys shall 
be chosen by the electors of the respective counties once in every two 
years and as often as vacancies shall happen. Sheriffs may be re- 
quired by law to renew their security from time to time, and upon 
neglect or refusal to give such new security their offices shall be 
deemed vacant. They shall hold no other office during the term for 
which they were elected and shall be ineligible for the next two years 
after the termination of their offices. 

“Section 3. All county or township officers whose election or ap- 
pointment is not provided for by this constitution shall be elected by 
the electors of the respective counties and towns or appointed by the 
county or township boards or other county authorities, as the legis- 
lature shall direct. 

‘‘Section 4. The legislature shall provide for filling vacancies in 
office, and, in case of elective officers, no person appointed to fill a 
vacancy shall hold his office by virtue of such appointment longer than 


22 WISCONSIN HISTORICAL COLLECTIONS  [0ct. 26 


the next succeeding annual election after the happening of such 
vacancy. 

“Section 5. The duration of all offices not provided for by this con- 
stitution may be declared by law, and if not so declared shall be held 
during the pleasure of the authority making the appointment. 

“Section 6. Provision shall be made by law for the removal for 
misconduct or malversation in office of county officers and for supply- 
ing vacancies created by such removal; and the legislature may de- 
clare the cases in which any office shall be deemed vacant, where no 
other provision is made for that purpose in this constitution. 

“Section 7. The legislature of the state shall have power to alter 
the boundaries of the several counties and townships now laid off and 
to lay off new ones, as well out of the counties already established, as 
out of the other territory within the boundaries of the state. 

Henry S. Barrp, Chairman”’ 


Which was read the first and second times, referred to the commit- 
tee of the whole, and ordered to be printed. 

Marshall M. Strong, from the committee on engrossment, reported 
as correctly engrossed, No. 2, ‘‘Article on suffrage and the elective 
franchise. ’’ 

Mr. Beall introduced the following resolution, which was read, to 
wit: ‘‘Resolved, no member shall be allowed to speak longer than 
thirty minutes upon any question, either in convention or in commit- 
tee of the whole.’’ 

Mr. Randall introduced the following resolution, which was read, 
to wit: ‘‘Resolved, That at the next general election and at the same 
time when the votes of the electors shall be taken for the adoption or 
rejection of this constitution an additional section in the following 
words, viz., ‘All colored male citizens possessing the qualifications re- 
quired by the first section of the article on suffrage and the elective fran- 
chise shall have the right to vote for all officers that now are or here- 
after may be elective by the people, after the adoption of this con- 
stitution,’ shall be submitted to the electors of this state for adoption 
or rejection in the form following, to wit: 

‘¢ “A separate ballot may be given by every person, having the right 
to vote for the adoption of this constitution, to be deposited in a sep- 
arate box. Upon the ballots given for the adoption of the said sep- 
arate amendment shall be written or printed, or partly written and 
partly printed, the words ‘‘Equal suffrage to colored persons ?—yes’’ ; 
and upon the ballots given against the adoption of the said separate 
amendment, in like manner the words ‘‘ Equal suffrage to colored per- 
sons?—No.’’ And on such ballots shall be written or printed, or 
partly written and partly printed, the words, ‘‘ Constitution suffrage,’’ 
in such manner that such words shall appear on the outside of such 
ballot when folded. 

“< ‘Tf at said election a majority of all the votes given for and against 
the said separate amendment shall contain the words ‘‘ Equal suffrage 
to colored persons—-Yes,’’ then said separate amendment, after the 
adoption of this constitution, shall be a separate section of article —— 


1846] THE CONSTITUTION OF 1846 273 


of this constitution, in full force and effect, anything contained in the 
constitution to the contrary notwithstanding.’ ”’ 

The resolution offered by Warren Chase on the twenty-third instant 
was taken up, when Warren Chase moved that the same be referred 
to a select committee of three, which was agreed to. 

The President announced the appointment of the following commit- 
tee to whom the said resolution was referred, to wit: Messrs. Warren 
Chase, Parsons, and Gilmore. 

The resolution offered on the twenty-third instant by Mr. Burnside 
was taken up, when Mr. Judd moved that the same be referred to the 
committee of the whole having under charge the report of the com- 
mittee on the militia, which was agreed to. 

No. 2, ‘‘ Article on suffrage and the elective franchise,’’ was then 
taken up and read the third time, when Mr. Judd moved that the said 
article be committed to a select committee of five. Mr. Dennis moved 
to amend the motion by adding, ‘‘And that said committee be in- 
structed to strike out the seventh, eighth, and ninth sections thereof 
and report the remainder of said article with none but verbal amend- 
ments.’’ 

Mr. Bevans called for a division of the question. The President de- 
cided that the motion was divisible and would be first put on that por- 
tion instructing the committee to strike out the seventh, eighth, and 
ninth sections. And having been put, it was decided in the negative. 

The question was then put on instructing the committee to report 
the remainder of the said articles with none but verbal amendments 
and was decided in the negative. 

The question then recurred on the motion of Mr. Judd, and having 
been put, it was decided in the negative. And the ayes and noes hay- 
ing been called for and ordered, those who voted in the affirmative were 
[affirmative 34, negative 48; for the vote see Appendix I, roll call 36]. 

Mr. Magone moved to reconsider the vote on ordering the said article 
to be engrossed for its third reading. 

Mr. Fitzgerald moved that the said motion be laid upon the table, 
which was decided in the affirmative. And a division having been 
ealled for, there were 39 in the affirmative and 26 in the negative. 

Mr. Judd moved that the said article be recommitted to the commit- 
tee of the whole. And the question having been put, it was decided 
in the negative. And the ayes and noes having been called for and 
ordered, those who voted in the affirmative were [affirmative 38, nega- 
tive 40; for the vote see Appendix I, roll call 37]. 


2? 


The article on suffrage and elective franchise came next in 
order and underwent a third reading. 

Mr. Magone moved to recommit the article to a committee 
of the whole for revision, as it was now very imperfectly punc- 


tuated. 
18 


274 WISCONSIN HISTORICAL COLLECTIONS  [oct. 26 


Mr. Judd moved that the article be submitted to a select com- 
mittee of five for careful revision and that they report upon 
the same. He said several amendments had been suggested to 
him, all of which he thought important, and his intention was 
to have the committee instructed to consider upon the article 
and report such amendments as they should deem necessary. 

General Crawford looked upon it as a very important ques- 
tion and hoped it would be recommitted; there were many who 
objected to some of its clauses and had prepared amendments 
which they would have offered had they not been gagged off 
by the call for the previous question. He objected to some 
parts of it, but did not wish to be on the committee by any 
means, but only hoped that this matter should not be jammed 
through in such haste. 

Mr. Bevans also objected to some features of the article, but 
considered it a compromise of opinions, and therefore not to 
be touched unless at a great expense of time and money by 
another protracted discussion; he opposed the recommittal 
to a select committee because of these effects. 

Mr. Magone hoped the amendment would prevail; the time 
of the convention had been taken up by three or four members 
for the last two or three weeks, and he coincided in opinion 
with his colleague (General Crawford) that many had amend- 
ments to offer but had been prevented from placing them before 
the house by the call for the previous question. 

Mr. Baird was opposed to the whole of it, but as he could 
perceive no beneficial result to be obtained by this recommittal, 
he opposed it. It would only tend to retard the proceedings 
of the convention four or five days by another long discussion 
without any material change in its main features, as those who 
had voted for it were a large majority of the house, who would 
probably vote for it again, and he was therefore opposed to 
the recommitment. While up he felt called upon to express 
his surprise that some of the ardent friends of the bill, who had 
zealously advocated and cordially supported it by their votes, 
were now in favor of recommitting it to a select committee. 

The discussion was further continued until Mr. Bevans 
moved to amend by striking out the whole of section 1 of the 
article, upon which a vote was taken, and it was lost. 


1846] THE CONSTITUTION OF 1846 275 


The question then recurred upon Mr. Judd’s motion to recom- 
mit to a select committee, upon which the ayes and noes were 
ealled for and ordered; the vote stood ayes 34, noes, 48. So 
this motion likewise failed—E press, Nov. 3, 1846. 


ELECTIVE FRANCHISE 
(Remarks of W. H. Clark, October 26, 1846) 


Mr. Presipent: It is with great reluctance that I arise at 
this late hour in the progress of the report, when the minds 
of members are mostly made up, to deliver my sentiments upon 
the subjects presented by it; nor would I now, were it not tor 
the reason that upon my return home last week to my constit- 
uents I found great differences of opinion existing among 
them, some being strongly in favor of the report as it came 
from the chairman of the committee, and others strongly op- 
posed to it. I therefore deem it my duty under existing cir- 
cumstances to give the reasons of the ‘‘hope that is within me.”’ 

Sentiments have been strongly entertained by many men— 
men, too, whose opinions are entitled to the greatest consider- 
ation—that to confer the elective franchise upon the foreigner 
before he becomes a citizen of the United States is in conflict 
with the naturalization laws thereof, and Chancellor Kent is 
said to have expressed the opinion that the ‘‘right to vote is 
the first and highest attribute of citizenship.’’ With all the 
respect which I entertain for the opinion of so distinguished a 
jurist, I think I have higher authority to the contrary than even 
him. 

In the convention to form the constitution of Virginia were a 
host of men whose names are not unknown to fame, but which 
are intimately blended with the history and glory of their coun- 
try; and last, though not least, in that convention, if I mistake | 
not, there was one Thomas Jefferson—the great apostle of 
liberty, whose mantle of inspiration has fallen upon no suc- 
cessor—who is supposed to know as much of human rights as 
any other man, ‘‘and knowing dared maintain them’’ until he 
caused the hearts of his countrymen to rejoice and the tyrants 


276 WISCONSIN HISTORICAL COLLECTIONS  [0ct. 26 


of Europe to tremble at the mention of his name. In the sixth 
section of the Virginia bill of rights are dispersed to the four 
winds of heaven all the crude and indigested notions which 
some members seem to entertain in regard to the elective fran- 
chise. It is there proclaimed that ‘‘ All men who have suffi- 
cient evidence of a common interest in, and attachment to, the 
community have the right of suffrage’’—sentiments well for- 
tified by common sense, and [which] upon the most searching 
scrutiny will be found to be worthy of the high source from 
which they emanated. According to the definition of the right 
of suffrage as here laid down, the grand requisite, the sine qua 
non to the elective franchise is, not time, not citizenship, but 
‘Sevidence of common interest in and attachment to the com- 
munity.’’ Citizenship may be one proof of the ‘‘common in- 
terest,’’ etc., but is not the only evidence. The evidence may 
’ exist and be strong and incontrovertible before citizenship at- 
taches. 

Applying this test to the foreign population of the country, 
and what will be the result? Shall we exclude them from the 
pale of the elective franchise until they become citizens of the 
United States, or shall we open the doors of suffrage to them 
at once, and permit representation and taxation to commence 
and proceed hand in hand, and, pari passu, together? Have 
they the ‘‘sufficient evidence,’’ etc.? I think they have, and 
that ‘‘evidence’’ consists partly in the fact that they left the 
monarchical countries of the old world and came hither to enjoy 
the protection of the American flag. 

‘ Breathes there a man with soul so dead, 

Who never to himself hath said, 

This is my own, my native land? 
That native land they left, and in leaving it severed, perhaps, 
the nearest and strongest ties that could link their happiness 
with earth—the ties of friendship, of kindred, and of ‘‘home.”’ 
And why did they rupture those hallowed bonds—why bid a 
final adieu to their native country—why desert the paradise of 
home, with a fresh recollection of all those blessings which are 
wont to cluster around its fireside, and all the associations en- 


1846] THE CONSTITUTION OF 1846 277 


shrined within their memory of it? They loved their country, 
but hated the tyranny which enthralled her. They had been 
prostrated beneath the heavy burden of taxation imposed upon 
them by a tyrannical government to swell the purses of an 
overbearing aristocracy. They had become disgusted with the 
glitter, the pomp, and pageantry of ‘‘stars, garters, and titles 
of nobility,’’ and resolved to place the Atlantic ocean between 
them and the objects of their dislike. They had heard of 
America as the land where the ‘‘blessings of government, like 
the dews of heaven, descend alike upon the rich and the poor.”’ 
They resolved to put themselves under the American constitu- 
tion, which for half a century had sheltered the liberties of an 
empire and was yet amply competent to shelter them. They 
consequently came to America, paid their money into the treas- 
ury of the United States, and became tenants of a large por- 
tion of the public domain, and have therefore a common inter- 
est with and an attachment to the community and consequently 
the right of suffrage. 

But does the evidence of the foreigner’s attachment to this 
country repose here? He who asserts it I would ask to turn 
over the pages of American history—of our Revolutionary 
War, and of our second struggle for independence—and he will 
there find recorded that when the signers of the Declaration of 
Independence had launched the bark of their country on a 
tempestuous sea, bound for an unknown port—when the winds 
were high and the waves were rough—that, although she rode 
triumphant at first, she was soon dashed to and fro at the 
mercy of the waves—that, while floundering amid the rocks and 
struggling with the spirits of the storm, and the mountain 
waves were about to dash over her forever, a strong and pow- 
erful vessel came to her rescue and saved her. That vessel 
came from France; her commander was Lafayette. In the 
state of New York, on the banks of the Hudson at West Point, 
there stands a monument—the monument of Kosciuszko. His 
name and deeds are as familiar as household words to every 
member of this convention. I will not therefore pause to re- 
count them. Suffice it to say of him that he was a foreigner 
by birth and devoted the best years of his life in defense of 


278 WISCONSIN HISTORICAL COLLECTIONS  [0ct. 26 


the liberties which we now enjoy. Nor will I pause to recount 
the exploits of the many other distinguished foreigners whose 
aid contributed so highly to the success of the American and 
defeat of the British arms. Nor will I pursue the subject far- 
ther than barely to state that I have it from the lips of Colonel 
Johnson, who headed the forlorn hope at the battle of the 
Thames, that while many of his own countrymen who were 
always ready to encounter the enemy within the American 
lines yet hesitated from conscientious scruples when called 
upon to pursue them into Canada, that there was a class of 
men in his army who never faltered, either within or without 
the American lines, and that those men were Trishmen. 

In regard to negro suffrage, 1 am in favor of withholding the 
elective franchise from the colored man for the same reason 
that I would confer it upon the foreign population. In the con- 
vention to remodel the constitution of North Carolina, in 1835, 
the question came up, not whether the right should be conferred 
upon the free negro, but whether it should be taken away (that 
class of people having enjoyed it from the time of the framing 
of that constitution down to 1835, more than half a century) 
and after a full and fair discussion by able advocates upon 
both sides it was decided by judges competent to judge of 
both the ‘‘law and the fact’’ that the privilege should be with- 
drawn. Consequently the franchise was not perpetuated; the 
policy died away. A distinguished member upon that floor 
made use of the following language: ‘‘T would ask if there 
is any solid ground for the belief that a free negro can have 
any permanent interest with and attachment to this country? 
He finds the door of office closed against him by the bars and 
bolts of public sentiment; he finds the circle of respectable so- 
ciety closed against him, let him conduct himself with as much 
propriety as he may; when his favorite candidate in an elec- 
tion prevails, it communicates no gratification to his breast, for 
the candidate will be a white man, and he knows full well that 
the white man eyes him with contempt. He cannot therefore 
feel any profound degree of interest in the preservation of 
the existing state of things, for he would fare as well under 
any other system. Ifa foreign power from abroad invade the 


1846] THE CONSTITUTION OF 1846 279 


country, he would as soon take sides with that power as with 
the citizens of this state; for he would still remain a free man, 
whether he fell into the hands of the Irish, the French, the 
Scotch, or the Dutch.’’ 

It may be said that these sentiments are born in the wrong 
latitude—that they originated too far south to be good author- 
ity at the North. A recurrence to a single fact will be sufficient 
to dispel the illusion. As I have said, the free negro had 
enjoyed the elective franchise from the time of the formation 
of the Constitution of North Carolina down to 1835. There 
could have been no prejudice against them at the time the right 
was conferred, and is it reasonable to suppose that there could 
have been any at the time it was taken away? Besides, free 
negroes were a class of persons who had become released from 
bondage by a decree of the county court, under a law for that 
purpose in consequence of meritorious services rendered to the 
community, such as the saving of life and property from de- 
struction, etc., ete. Therefore it would be unnatural to suppose 
that there could have been any serious degree of prejudice 
existing against them. I have another objection to the African 
race. A people who never have from the time of the commence- 
ment of the world down to the present time with a single excep- 
tion exhibited sufficient energy of body or mind to assert their 
freedom are unsafe, unworthy depositories of political power. 
At one time we beheld them enlightened slaves. The arts and 
sciences were cradled on the banks of the Nile. The pyramids 
of Egypt overlook a land that could not have been in their 
origin a land of barbarism, but must have been the abode of 
the arts and sciences. But if they stand eternal monuments 
of the arts and sciences which adorned the age in which they 
had their origin, they also stand everlasting mementoes of the 
abject despotism which forced unwilling hands to pile those 
masses to the clouds, to commemorate the folly or glory of 
kings in their high ambition ‘‘to make things great that made 
them little.’’ Here we beheld them enlightened slaves, and if 
any of them are in a different condition now, it is owing to no 
exertion of their own. 


280 WISCONSIN HISTORICAL COLLECTIONS  [Oct. 26 


With the Anglo-Saxon race it is different. The last great 
improvement upon that stock who now reside within the limits 
of the United States (and to which I am proud to belong) in- 
herit their freedom, and with it, as a necessary concomitant, 
the elective franchise, from their fathers. And by their own 
exertion, ‘‘by a vigilance that has never tired, and with an eye 
that has never slept,’’ they have preserved entire the sacred 
legacy. It is the product of their fathers’ labor in the field, 
and in the cabinet; it was nurtured in convulsion, and baptised 
in blood. Let us be careful, then, how we undervalue so price- 
less a gem—how we cast the pearl before a people who are 
incompetent to appreciate its value—who never have inherited 
it from their fathers—who never have bequeathed it to their 
sons—have never asserted their right to it upon any battle 
field——_who never came to this country for their love of it—and 
never came into this hall to ask for it by a petition. But the 
principle of representation and taxation is a sacred principle, 
and if the withholding the elective franchise from them is a 

violation of it, let them not be taxed. If the protection which 
our laws afford them and their exemption from many burdens 
which the white population are obliged to bear is not a just 
quid pro quo for the amount of taxes they should pay, let them 
not be taxed. 

But to carry out this principle and apply it in practice to 
them, and what will it amount to? Our treasury would remain 
about in statu quo for all any contributions which they would 
make to it. Have they generally real or personal estate to be 
taxed? Are they farmers, miners, or mechanics? Are the 
pursuits of the producing classes congenial with their tastes 
and dispositions? So far as my observation has extended, they 
copy after altogether another class. I mean nothing more nor 
nothing less (for, Mr. President, there can be nothing less) 
than the dandy of Broadway, the gilded butterfly, ‘‘the carpet 
knight”’ 

Whose highest boast is but to wear 
A lock of his fair lady’s hair 


1846] THE CONSTITUTION OF 1846 281 


and the sum total of whose whole existence amounts to—the 
quotient of nothing divided by six. These are the ‘‘illustrious 
predecessors in whose footsteps they follow’’; these are the 
models which their taste induces them to imitate; and in many 
instances and many particulars the copy far surpasses the 
original; and neither the original nor the copy ought to be 
intrusted with the ballot. Over the former I have no power; 
but to the latter I can never consent to extend the elective fran- 
chise—not at least until a ‘‘change shall come over the spirit 
of my dream,’’ and over the spirit of that people—when the 
great partition wall built by an Almighty hand to separate the 
races in their manners, habits, and character in their earthly 
hopes and earthly destinies shall be broken down—when the 
leopard shall change his spots and the Ethiopian not only the 
color of his skin but the conformation of his brain, the material 
of his intellect, and his skull shall become what Byron supposed 
the one to be which he found on the battle plain of Waterloo, 


The dome of thought, the palace of the soul.’ 
—Ecxpress, Nov. 3, 1846. 


Mr. Phelps moved that the further consideration of the said article 
be postponed until tomorrow, and that it be made the special order of 
the day for that day, and that in the meantime said article be printed. 
And the question having been put, it was decided in the affirmative. 
And a division having been called for, there were 45 in the affirmative, 
negative not counted. 

Mr. Fitzgerald moved that the convention take a recess until two 
o’clock, P. M., which was agreed to. 


TWO O’CLOCK, P. M. 


No. 3, ‘‘Article on the eminent domain and property of the state,’’ 
was taken up, when the convention resolved itself into committee of the 
whole for the consideration thereof, Mr. Magone in the chair, and 
after some time spent therein rose and by their chairman reported the 
same back with amendments. 

Mr. Ryan moved to amend the fourth section reported by the com- 
mittee by adding the following sections: 

“Section 5. The acquisition of property by the state, not necessary 
to the legitimate objects of government, except such property as may 
be acquired by gift, grant, forfeiture, or escheat, shall be forever dis- 
couraged. 


282 WISCONSIN HISTORICAL COLLECTIONS  [oct. 26 


“Section 6. The expropriation of private property by the state 
shall be lawful only when necessary to the legitimate objects of govern- 
ment, and then only upon payment first made to the owners of its fair 
value to them, to be assessed by a jury of the vicinage, drawn in such 
manner and upon such reasonable notice to the owners as shall be pro- 
vided by law. 

‘“Section 7. The state shall derive no revenue, directly or indirectly, 
from property taken from individuals for public use.”’ 

And the question having been put, it was decided in the negative. 
And a division having been called for, there were 32 in the affirmative 
and 35 in the negative. 

The question then recurred on the amendment offered by Mr. Ryan. 
And having been put, it was decided in the negative. And the ayes 
and noes having! been called for and ordered, those who voted in the 
affirmative were [affirmative 23, negative 55; for the vote see Appen- 
dix I, roll call 38]. 


The convention resolved itself into committee of the whole. 
Mr. Magone was called to the chair and took up the report of 
the committee on the eminent domain and property of the state. 

Mr. A. Hyatt Smith explained the report, and to cover addi- 
tional ground offered as an amendment another section, which 
had suggested itself since the report was made—it was: “‘Sec- 
tion 4. The people of this state, in their right of sovereignty, 
are declared to possess the ultimate property in and to all 
lands within the jurisdiction of this state; and all lands the 
title to which shall fail, from a defect of heirs, shall revert, or 
escheat to the people.’’ 

The additional section was adopted.—Express, Nov. 3, 1846. 


A discussion here arose in regard to the constructions that 
might be placed on these articles [those proposed by Ryan] 
in which Messrs. Ryan, Strong of Racine, Parks, Baker, A. H. 
Smith, Baird, and Tweedy participated. 

Mr. Baker offered an amendment to the second section of the 
amendment, which was lost. 

Mr. Tweedy moved to strike out ‘‘legitimate objects of gov- 
ernment’’ and insert ‘‘public use.’’ Adopted. 

The several sections were then put severally and rejected. 

Mr. Baker moved to strike out the second section. Lost. 

W. R. Smith offered an amendment to strike out of the last 
clause of section 2 ‘‘ Provided That,’’ and insert ‘‘No law shall 


1846] THE CONSTITUTION OF 1846 283 


be passed to take away or abridge the rights of owners to the 
riparian soil of land under water, unless in the same law pro- 
vision is made for full compensation to such riparian owners; 
and the title to all islands which are now or may hereafter be 
found in any of the navigable waters within the boundaries of 
this state shall be vested in the state of Wisconsin.”’ 

Mr. Tweedy moved to strike out of Mr. Smith’s amendment 
all after the word ‘‘riparian’’ where it occurs. Carried. 

The amendment of Mr. Smith then prevailed. 

The committee then arose and reported back the articles with 
the amendments when Mr. Ryan offered the amendment he had 
proposed in committee, and called for the ayes and noes, which 
were ordered, and resulted as follows: [ayes 23, noes 55].— 
Democrat, Oct. 31, 1846. 


Mr. Judd moved that the convention adjourn. And the question 
having been put, it was decided in the affirmative. And a division 
having been called for, there were 51 in the affirmative, negative not 
counted. So the convention adjourned. 


284 WISCONSIN HISTORICAL COLLECTIONS  [0ct. 27 


TuEspAy, OcToBER 27, 1846 


Prayer by the Rev. Mr. McHugh. 

The journal of yesterday was read. 

Mr. Crawford introduced the following resolution, which was read, 
to wit: ‘‘Resolved, That all persons that had a legal right to vote in 
this territory, agreeable to an act entitled ‘An Act in relation to the 
qualification of voters for state government and for the election of dele- 
gates to form a state constitution,’ approved January 22, 1844, and 
amended February 8, 1845, shall be entitled to vote for the adoption 
of this constitution and at all elections thereafter in this state the same 
as citizens are entitled to vote at said election.”’ 

Mr. Goodell introduced the following resolution, which was read, to 
wit: ‘‘Resolved, That all members having speeches especially con- 
eocted for buncombe be requested to have them written out, printed, 
and furnished the members of this convention, instead of an oral in- 
fliction thereof.’’ 

The resolution offered by Mr. Beall on yesterday was taken up, when 
Mr. Magone moved to amend the said resolution by striking out the 
words, ‘‘or in committee of the whole.’? And the question having been 
put, it was decided in the negative. And a division having been called 
for, there were 12 in the affirmative and 31 in the negative. 

Mr. Hunkins moved to amend the said resolution by striking out 
the words ‘‘thirty minutes’’ and inserting the words ‘‘one hour,’’ whieh 
was disagreed to. 

Mr. Hunkins then moved that the said resolution be laid on the table. 
And the question having been put, it was decided in the affirmative. 

And a division having been called for, there were 35 in the affirma- 
tive and 32 in the negative. 

The resolution introduced by Mr. Randall on yesterday was then 
taken up, when Mr. Noggle moved that the same be referred to the com- 
mittee on suffrage and the elective franchise with instructions to report 
near the close of the session. Pending the question on said motion, 
Mr. Hicks moved that the same be laid on the table. And the ques- 
tion having been put, it was decided in the negative. And a division 
having been called for, there were 33 in the affirmative and 34 in the 
negative. . 

Mr. Randall moved to amend the motion by striking out all after the 
word ‘‘referred,”’ and inserting the words ‘‘a select committee of 
seven.’ 


Mr. Randall would prefer a select committee. 

Mr. Judd said it was unusual to send a matter to a com- 
mittee known to be opposed to it; and that was the case with 
the committee on suffrage. 


1846] THE CONSTITUTION OF 1846 285 


Mr. Noggle thought the committee he had named the proper 
one and to which the subject properly belonged. 

Mr. Ryan: This subject has once been before the convention 
and decided, and he thought it could not again come up. 

The President: There is a parliamentary law to that effect 
but this is not the same proposition that has been passed on. 

Mr. Parks had been voted down on several propositions, and 
this among the rest, and having been so voted down he should 
now vote to let the matter rest—Argus, Nov. 3, 1846. 

Pending the question thereon, Mr. Bevans moved that the further 
consideration of said resolution be postponed until the first Monday 
in January next. And the question having been put, it was decided 
in the negative. And the ayes and noes having been called for and 
ordered, those who voted in the affirmative were [affirmative 39, nega- 
tive 45; for the vote see Appendix I, roll call 39]. 

Mr. Ryan moved that the further consideration thereof be postponed 


until Monday, November 10, and that it be made the special order of 
the day for that day, and that it be printed, which was agreed to. 


Mr. Bevans moved to postpone the subject till the first day 
of January next, which motion was lost by ayes 39, noes 45. 

Mr. Judd moved to refer the resolution to a select commit- 
tee of seven. 

Mr. Hackett should vote against all such motions, but hoped 
the convention would meet the question at once, on its merits. 
Mr. Ryan moved to postpone the whole subject till the tenth 
of November next, and that it be made the special order of the 
day. 

Mr. Hunkins hoped the resolution would be sent to a com- 
mittee that it might be perfected. 

Mr. Ryan asked Mr. Randall if he had not copied the prop- 
osition submitted to the peaple of New York by the late con- 
vention of that state. 

Mr. Randall: I did. 

Mr. Ryan: Then it does not need the aid of a committee to 
perfect it. 

The motion to postpone to the tenth proximo prevailed.— 
Argus, Nov. 3, 1846. 


286 WISCONSIN HISTORICAL COLLECTIONS  [Oct. 27 


Mr. Baker, from the committee on the organization and functions 
of the judiciary, reported, No. 18, ‘‘Article on the organization and 
functions of the judiciary.’’ 


“The committee to whom was referred the subject of the organization 
and functions of the judiciary respectfully report that they have ap- 
plied themselves to the subject they have had in charge deeply im- 
pressed with the conviction that next to the existence of good laws 
nothing tends more to the stability and prosperity of a state than their 
impartial and efficient administration. The people will not long be 
content with a government where, however excellent the laws, they 
cannot avail themselves of their benefits. Despairing of justice in the 
constituted tribunals, they will seek it by such means as lie within 
their own reach, and the measure of their judgment will be the impulses 
of their own will. In order that a wise system of laws should be so 
administered as to produce the greatest good it is not only necessary 
that the judiciary should be able, impartial, and efficient, but it must 
also possess the confidence of the people. 

‘In drafting the plan of a judiciary, which the committee have the 
honor herewith to submit, they have kept constantly in view those 
great truths and have endeavored so to combine them in one system 
as to meet the matured views of this convention, and to realize the best 
hopes and wishes of the people. The leading features of the system 
proposed for adoption by the committee are briefly these: 

‘‘First, a supreme bench composed of three justices, distinct from 
the circuit judges. 

‘“Second, five circuit courts, subject to increase or modification as 
the legislature shall deem expedient. 

‘‘Third, the union of law and equity powers in the judges of the 
supreme and circuit courts, reserving to the legislature the right to 
establish a distinct court of chancery whenever it shall be deemed ex- 
pedient. 

‘‘Rourth, interchange of circuits by the circuit judges, so that no 
judge shall preside in the same circuit more than one year in five suc- 
cessive years; and 

‘‘Wifth, the election of the supreme and circuit judges by the people, 
the former by general ticket, the latter by districts. 

‘‘The necessity for a distinct tribunal of ultimate resort that shall 
be a limit to litigation, a uniform standard to determine what is the 
law and which shall regulate and control inferior courts is apparent 
to all. Whilst the organization of a supreme court on the nisi prius 
system, technically so called, has many excellencies which commend 
it to our favorable regard, yet in our peculiar circumstances, and with 
the sentiments prevailing in this community, there are very serious if 
not insuperable objections to its adoption, upon which the committee 
cannot now enlarge. One of the chief excellencies however of that sys- 
tem is secured in the plan submitted, by having the circuit judges 
interchange circuits, whilst the greatest objection to its adoption, the 
possibility of the judges sustaining the prior decisions of each other 
without regard to the true merits and strict right of the case, is effec- 


1846] THE CONSTITUTION OF 1846 287 


tually avoided. With a supreme bench possessing appellate jurisdic- 
tion only, whose judges are placed above the power of temptation by 
ample and permanent salaries, whose tenure of office is sufficiently long 
to render them independent and yet not induce inactivity or make 
them forgetful of their responsibility, composed of the best legal talent 
in the state, as we may justly hope it will be, and clothed with a power 
and dignity which the voice of the people can alone impart—may we 
not look to it with pride, with confidence and respect as a tribunal ad- 
mirably adapted to secure the highest ends of justice and the stability 
and permanence of our institutions. But the committee have not been 
unmindful of these truths that to render any judicial system popular 
and highly useful it must secure the services of the best men for 
judges, it must administer justice without delay, and as nearly as may 
be at every man’s door. With this view, they have provided in the 
plan proposed for a judicial force sufficiently large for the prompt dis- 
patch of all business which may arise in the several courts; they recom- 
mend salaries which, though not extravagant, are sufficiently liberal 
to secure the best legal talent, and they propose that a circuit court 
shall be held in each county at least twice, and the supreme court in 
each circuit at least once a year. Thus constituted, our judicial sys- 
tem will be simple and efficient, and we may therefore hope popular. 
County courts and side judges the majority of the committee conceive 
would with us prove a cumbrous machinery and useless appendage, 
unsuited to our condition and uncalled for by the wants and wishes 
of the people. They therefore propose the establishment of no other 
courts, except courts of probate and justices’ courts, whose jurisdic- 
tion shall be extended to one hundred dollars; but they submit a pro- 
vision allowing the legislature, if hereafter in the progress of society 
in culture and business they shall deem it expedient, to establish a 
distinet court of chancery. For the present, at least, they would not 
recommend its organization, as they conceive that law and equity pow- 
ers may for a long time to come, if not permanently, be safely confided 
to the same judge. The committee have also deemed it expedient to 
submit, not as a necessary part of the plan proposed but as a distinct 
proposition worthy of consideration, the propriety of establishing by 
law a tariff of fees on all suits or process in the supreme and district 
courts, to be paid into the state treasury, and applied in part payment 
of the judges’ salaries. The proposition is founded on the equitable 
principle that each man should pay individually for services rendered 
himself and not the public at large; besides it might in a measure tend 
to check a spirit of litigation. But it is unnecessary to enter into the 
details of the plan for organizing the judiciary contained in the re 
port herewith submitted; if expedient they will commend themselves 
to the adoption of the convention; if otherwise, they will be rejected. 
““But there is one feature in the judicial system proposed for adop- 
tion by a majority of the committee so prominent and important 
and upon which so decided a difference of opinion exists that it de- 
mands a more minute and extended examination. It is the election of 
the judges by the people. This principle lies at the foundation of the 


288 WISCONSIN HISTORICAL COLLECTIONS  [Oct. 27 


whole superstructure, and it is of the first importance to ascertain 
whether it is sound and correct. It is conceded by all that govern- 
ment naturally resolves itself into the three branches, executive, legis- 
lative, and judicial, and that their appropriate spheres of action are 
so diverse that there is both a propriety and a necessity for keeping each 
not only distinct from but so far as possible entirely independent of 
the other. It is also an axiom of government in this country that the 
people are the source of all political power, and to them should their 
officers and rulers be responsible for the faithful discharge of their 
respective duties. But for the most part, whilst the different states 
of the Union have admitted the correctness of these principles in the 
organization of the executive and legislative branches of their govern- 
ments, they have denied them in that of the judiciary. Whilst the 
people have been permitted to elect officers to fill the two former de- 
partments, they have been deprived of this right as to the latter. The 
great and most important privilege of choosing the men who were to 
sit in judgment upon their rights of property, their lives, and liber- 
ties is denied them and is exercised by the other two branches of gov- 
ernment, separately or conjointly. Thus have two fundamental prin- 
ciples of our government been violated. The judicial power, a distinet 
eoequal department, which should be wholly independent of the others, 
instead of emanating from the people, the true source of all political 
power, has been dependent for existence upon the executive or legis- 
lative will, or perhaps both. The necessary result, in a measure, must 
be the dependence of the judiciary upon one or both of the other 
branches of government and its independence of the people. And the 
reason why this system, so erroneous in theory, has not proved more 
injurious in practice is owing to the intelligence of the people and the 
integrity of our judges. 

‘“‘The plan of appointing judges adopted in this country is plainly 
traceable to Great Britain. There, all judicial power is presumed to 
reside in the king; in theory, justice is administered in his presence, 
and as a consequence the judges are appointed by him. In adopting 
the common law with its many conceded excellencies, together with the 
forms and practice of England, in a measure, we have very naturally 
imbibed the doctrine that the judicial power should emanate from the 
executive instead of the people. Had our forefathers been as op- 
pressed by this branch of government as they were by the executive and 
legislative powers of the mother country, is it not fairly to be presumed 
that they would have repudiated the principle of appointment of the 
judiciary and founded it as they did the others on the true republi- 
ean basis, election by the people. But whatever of caution may have 
influenced the opinions of the great statesmen who laid the foundation 
of our government, unguided as they were by the lights of experience, 
shall we, after more than sixty years’ experience of the happy workings 
of our institutions, shall we, in this day of progress and of light in 
political science, frame a constitution that shall sanction a principle 
so far behind the spirit of the age, so opposed to the genius of repub- 
lican government as that of distrust of the ability of the people for 
self-government, a desire to save them from themselves? 


1846] THE CONSTITUTION OF 1846 289 


‘But an elective judiciary is not only in accordance with the theory 
and analogy of our government; it is in harmony with its spirit and 
genius. Confidence in the people and a belief in the political perfecta- 
bility of man are the basis of our institutions. To elevate mankind you 
must confide in them. You must make them feel that they are some- 
thing above the brute and the slave—that they have rights and powers, 
a capacity for improvement and self-government. You must inspire 
them with self-respect, a desire to better their condition, and awaken the 
soul to arise and assert the nobility which God stamped upon her, when 
he created man in His image. Every man should be made to feel that 
he is a citizen, a part of the state, and that a portion of its sovereignty 
resides in him. He should be treated by his government in the same 
manner that Infinite Wisdom deals with him as a distinct individual, 
and not part of the mass, as a free agent, responsible for his actions, 
and yet who can do as he will. This is the true theory of government; 
it emanated from the Deity and is founded in the nature and fitness 
of things; it ennobles man and elevates and betters his condition. Now 
it is proposed to carry out these principles in the election of our judi- 
ciary, as well as in the other departments of government. And why 
not? Are not the people as competent to choose in one case as the 
other, and are they not equally interested to make wise and judicious 
selections? Why prohibit the exercise of the elective franchise in a 
single department of government? If it be true that all power resides 
in and should flow from the people, it is true not only in part, but in 
whole. If false, let us discard the principle entirely; let us at once 
proclaim to the world that our political theory is a delusion; let us 
no longer seek to cherish in the hearts of the down-trodden and op- 
pressed millions of Europe the fond hope of freedom and equal rights, 
a hope doomed to wither and perish like untimely fruit. But for our- 
Selves we have no such fears. We believe that the electors of Wis- 
consin will judiciously exercise the right of suffrage, however liberally 
extended, and that they ought to exercise it in the selection of all their 
officers wherever practicable. 

“It is objected that the candidates for judgeship, if elective, will 
be selected by irresponsible conventions as party men, and elected be- 
cause nominated, irrespective of their merits. The last of these ob- 
jections is untrue in fact and unsound in conclusion. It is founded 
on the presumed ignorance of the people of the character and qualifi- 
cations of prominent men, on their supposed disregard of their own 
true interests, and would prove, if anything, that the people should 
be excluded from voting for every important officer of government. 
Admitting that conventions would select candidates with reference to 
their political faith, though this is by no means certain nor always even 
probable, the people would not therefore necessarily confirm the choice; 
especially would they not if unwisely made. The election of judges to 
administer the laws in the high tribunals of the state, who may sit in 
judgment on the rights, the lives, and liberties of each elector, on a day 
expressly set apart for that single object, is an act too solemn to admit 
of undue bias from the heat of partisan feeling or the efforts of dem- 
agogues, 


290 WISCONSIN HISTORICAL COLLECTIONS  [0ct. 27 


‘“‘But, we ask, when have not politics controlled the appointment of 
judges selected by the executive? When has a partisan governor, and 
who is not such, nominated a judge of opposite politics? Is it objec- 
tionable that a convention fresh from the people, reflecting their will 
and wishes, with this single object in view, should make the nomina- 
tion? How much more so, that a secret, irresponsible caucus, controlled 
by interested party leaders, should dictate, as it is well known is usually 
the ease, who shall be the appointee? Are governors and senators so 
wise they cannot err, so firm and pure they may not be swayed by im- 
proper influences? Are there no partisan services to be rewarded, no 
favorites to elevate or rivals to crush, no other places of power or trust 
to which they aspire and hope to gain by the influence of their patron- 
age? In short, will they be more honest, wise, or impartial in making 
the selection than the people themselves? The majority of the com- 
mittee are forced to the conclusion that party spirit and improper in- 
fluences will have less scope for exercise in the election than in the ap- 
pointment of judges; and that the people will be more attached to a 
system so democratic in principle, and will more cheerfully acquiesce’ 
in the decisions of a court selected by themselves. 

“¢ Another objection to the elective mode is that the judges may be 
induced to render unjust decisions in order to secure a reélection. 
This supposes the preéxistence of a weak and corrupt judge, that the 
parties interested are of opposite politics, or that one has very con- 
siderable and the other very little political influence, and that a deci- 
sion is to be made not long before an election. An argument which re- 
quires the concurrence of so many improbabilities is not entitled to 
much weight. Nothing in this country would sooner seal the political 
doom of any judge, by all parties and every honest man, than the at- 
tempt to bend his decisions from the line of justice to make political 
capital. Neither would the mingling of judges in the strife of politics 
be tolerated by the people; their sense of propriety would revolt at 
the idea, and instead of securing the object aimed at they would ensure 
their own defeat. He alone can be a popular judge who is honest, im- 
partial, decided, and fearless; who holds with a steady hand the scales 
of justice and will suffer no improper influences to approach them; 
whose judgment, though it may sometimes waver and tremble in doubt, 
ultimately points steadily to the pole of eternal truth and justice. 
Such a man the people appreciate, and him will they delight to honor. 
Can it be presumed then, that any judge could so far forget the pro- 
priety of his station, or what became his true interest, as to mingle 
in party politics or swerve his decisions for political considerations ? 

“Tt is said that our population is such, composed as it is of so large 
a proportion of foreigners, unacquainted with our language, our laws, 
and institutions, that it is not safe to trust the election of judges with 
the people. If this argument is worth anything it proves too much 
for it would exclude them from voting at all; and yet few, if any, 
propose to go thus far. The fact is, as to the formation of a constitu- 
tion and state government for this territory, we have no foreigners; 
we are all fellow citizens, stand on common ground, and have equal 


1846] THE CONSTITUTION OF 1846 291 


rights. And it is believed that a majority of the people of both for- 
eign and native birth are in favor of an elective judiciary 3 and we 
are bound to regard and carry into effect the will of all alike. The 
European cannot say to the American, ‘You have not equal rights 
with me’—nor the American to the European, ‘I have superior rights 
to you.’ We have assembled as the representatives of a people, gath- 
ered from nearly every state in the Union and from half the nations 
of Europe, with united voice to form a common constitution. No mat- 
ter what star shone upon our birthplace, Wisconsin is our country and 
the cherished home of our adoption. Here we are all brethren and 
fellow countrymen, with equal rights and privileges, united by the 
ties of humanity, and bound to the same destiny. 

“Nor need we fear on this subject the influence of foreign voters 
who may hereafter come among us. Who are these foreigners? Men 
who have severed the ties of country and kindred and friendship and 
home to seek in our own free land the rights which God has given 
them, but which the pride and tyranny of man has denied them in their 
native country. Men who have forever alienated themselves from the 
land of their birth and all its institutions, and have selected this as 
their future home and adopted country. They are amenable to the 
same laws with us, and must suffer equally with ourselves if cor- 
ruptly administered. Are their rights and interests distinct from, or 
hostile to ours? Have they any inducement to select for judges incom- 
petent or corrupt men? Why then fear the foreign vote? Let us 
away with such idle fears and unfounded prejudices. 

“In every view of the subject in which the majority of the commit- 
tee have been enabled to examine it, they are forced to the conclusion 
that the election of judges is preferable to the old mode of appoint- 
ment. It is not a novel scheme now for the first time sought to be 
engrafted into constitutional law. It has been successfully tried to 
its full extent in the state of Mississippi, and partially in Michigan; 
it has been adopted as to circuit judges in the new constitutions of 
Missouri and Iowa, and has finally, after long and able discussion and 
mature reflection, been sanctioned by the late constitutional conven- 
tion of the state of New York. With these lights to guide us—when 
it is in accordance with the theory and spirit of our institutions, when 
every progressive movement in the science of government for the last 
fifty years has been made by wresting power from the few and vest- 
ing it in its true repository, the many, when the happiest signs of the 
times are the tendency to decentralize and distribute political power, 
wheh every day’s experience teaches that the whole civilized world is 
on the advance to a higher, a more equal and happier state of social 
and political organization—need we fear? Shall we hesitate and en- 
deavor to check to the extent of our ability the onward movement of 
the age by denying to the electors of Wisconsin the right to elect their 
own judges? 

‘In conclusion, the majority of the committee would remark that 
they submit their report with deference, sensible that the opinions of 
the minority are entitled to much weight and respect. They have 


292 WISCONSIN HISTORICAL COLLECTIONS  [0ct. 27 


applied themselves to the work they have had in charge with fidelity 
and singleness of purpose, and if they have erred, it may safely be 
confided to the wisdom of this convention to determine what is right. 
The committee cannot but express the hope that however in our deliber- 
ations we may honestly differ in our opinion our labors, tempered with 
the spirit of conciliation and wisdom, may so result that when on the 
day which shall usher in our political existence as a State the sun 
robed in his splendors issues from the chambers of the mighty Mich- 
igan he will look upon a free, prosperous, and happy people, gathered 
from all nations but forming one great brotherhood, with a constitu- 
tion that shall assert to its utmost limit the rights and the dignity of 
man, and under which we shall become a great and happy people. 
‘Respectfully submitted, 
C. M. Baxer, Chairman.”’ 


The committee on the organization and functions of the judiciary 
report the following article: 

‘“Section 1. The court for the trial of impeachments shall be com- 
posed of the senate and the judges of the supreme court, or of the 
major part of them. The house of representatives shall have the power 
of impeaching all civil officers of this state for corrupt conduct in 
office or for crimes and misdemeanors; but a majority of all the 
members elected shall concur in an impeachment. On the trial of an 
impeachment against the governor the lieutenant governor shall not 
act as a member of the court. No judicial officer shall exercise his 
office after he shall have been impeached, until his acquittal. Before 
the trial of an impeachment the members of the court shall take an 
oath or affirmation truly and impartially to try the impeachment ac- 
cording to evidence; and no person shall be convicted without the 
concurrence of two-thirds of the members present. Judgment in cases 
of impeachment shall not extend further than to removal from office, 
or removal from office and disqualification to hold any office of honor, 
profit, or trust under this state; but the party impeached shall be liable 
to indictment, trial, and punishment according to law. 

‘‘Section 2. The judicial power of this state, both as to matters of 
law and equity, shall be vested in a supreme court, cireuit courts, 
courts of probate, and in justices of the peace. The legislature may 
also vest such jurisdiction as shall be deemed necessary in municipal 
courts; and shall have power to organize and establish a separate court 
or courts of chancery; and when established provision shall be made 
by law for the election of a chancellor, who shall exercise chancery 
powers and jurisdiction, and thereafter the supreme and circuit courts 
shall not exercise chancery powers, except in such manner and under 
such restrictions as shall be prescribed by law. 

‘“Section 3. The supreme court, except in cases otherwise provided 
by this constitution, shall have appellate jurisdiction only, which shall 
be coextensive with the state; but in no case removed to the supreme 
eourt shall a trial by jury be allowed in said court. 

“The supreme court shall have a general superintending control 
over all inferior courts; it shall have power to issue writs of habeas 


Ze 


1846] THE CONSTITUTION OF 1846 293 


corpus, mandamus, prohibition, quo warranto, certiorari, and other 
original remedial writs, and to hear and determine the same. 

“Section 4. The supreme court shall consist of one chief justice 
and two associate justices, any two of whom shall constitute a quorum, 
and the concurrence of two of said judges shall be necessary to a 
decision. The judges of the supreme court shall be chosen by the 
qualified electors of the state and shall hold their office for the term 
of six years, and until their successors are elected and qualified. 

““Section 5. The state shall be divided into five judicial circuits to 
be composed as follows: The first circuit shall comprise the coun- 
ties of Racine, Walworth, Rock, and Green; the second circuit, the 
counties of Milwaukee, Waukesha, Jefierson, and Dane; the third cir- 
cuit, the counties of Washington, Dodge, Columbia, Marquette, Sauk, 
and Portage; the fourth cireuit, the counties of Brown, Manitowoe, 
Sheboygan, Fond du Lae, Winnebago, and Calumet; and the fifth cir- 
cuit shall comprise the counties of Lafayette, Montgomery, Grant, 
Crawford, and Richland. 

‘‘Section 6. The legislature may alter, increase, or diminish the 
number of circuits, making them as compact and convenient as may 
be, and bounding ‘them by county lines; but no alteration or dimi- 
nution of the number of circuits shall have the effect to remove a judge 
from office. 

‘Section 7. For each circuit there shall be a judge chosen by the 
qualified electors therein, who shall hold his office for the term of 
five years, and until his successor shall be chosen and qualified; and 
when elected he shall reside in the cireuit for which he was elected. 

**Section 8. The circuit courts shall have original jurisdiction in 
all matters civil and criminal within this state not otherwise excepted 
in this constitution and not hereafter prohibited by law, and appellate 
jurisdiction from all inferior courts and tribunals, and a supervisory 
control over the same. They shall also have the power to issue writs 
of habeas corpus, mandamus, prohibition, quo warranto, certiorari, and 
all other writs necessary to enforce their own jurisdiction and give 
them a general control over inferior courts and jurisdictions. 

**Section 9. When a vacancy shall happen in the office of a supreme 
or circuit judge such vacancy shall be filled by an appointment by the 
governor, which shall continue until a successor is elected and qualified, 
and when elected such successor shall hold his office for a full term. 
No election for judges, or for any single judge, shall be held within 
thirty days of any other general election. 

**Section 10. Each of the judges of the supreme court shall receive 
a salary of not less than $1,500 dollars annually; and each of the 
judges of the circuit court shall receive a salary of not less than $1,200 
annually; and the salary of no judge shall be diminished during his 
continuance in office. They shall receive no fees of office or other com- 
pensation than their salaries; they shall hold no other office or public 
trust, and all votes for either of them for any office except that of judge 
of the supreme or circuit court given by the legislature or the peo- 
ple shall be void. If any judge shall resign his office he shall not be 
eligible or appointed to any office within one year after such resigna- 


294 WISCONSIN HISTORICAL COLLECTIONS  [0ct. 27 


tion. No person shall be elected to the office of judge who is not a 
citizen of the United States, who shall not have attained the age of 
twenty-five years, and who shall not have resided within this state or 
territory two years previous to his election. 

“‘Seetion 11. The supreme court shall hold at least one term in 
each judicial circuit annually, at such times and places as shall be 
provided by law. A circuit court shall be held in each county of this 
state organized for judicial purposes at least twice in each year. 
The circuit judges may hold courts for each other, and shall do so 
when required by law, and any judge of the supreme court shall hold 
a circuit court in such cases as may be provided by law. 

‘*Section 12. Until the legislature shall otherwise provide the cir- 
cuit judges shall interchange circuits and hold courts in such a man- 
ner that no judge of either of said circuits shall hold courts in any one 
circuit for more than one year in five successive years, except in case 
of vacancy, absence, or of inability or disability of one of said judges. 

“*Section 13. There shall be a clerk of the circuit court chosen in 
each county organized for judicial purposes by the qualified electors 
therein, who shall hold his office for four years, subject to removal, 
as shall be provided by law. In case of vacancy the judge of the 
circuit shall have the power to appoint a clerk until the vacancy shall 
be filled by an election. 

‘The supreme court shall appoint its own clerks, and a clerk of 
the circuit court may be appointed a clerk of the supreme court. 

“Section 14. Any judge of the supreme or circuit court may be re- 
moved from office by concurrent resolution of both houses of the leg 
islature, if two-thirds of all the members elected to each house concur 
therein, but no removal shall be made by virtue of this section unless 
the party complained of shall have been served with a copy of the com- 
plaint against him, and shall have had an opportunity of being heard 
in his defense, and no judge shall be removed for any cause for which 
he might have been impeached. On the question of removal the ayes 
and noes shall be entered on the journals. 

**Section 15. There shall be chosen in each county by the qualified 
electors thereof a judge of probate, who shall hold his office for two 
years, and until his successor is elected and qualified. 

“*Section 16. The electors of the several towns at their annual town 
meeting and the electors of cities and villages at their charter elec- 
tions shall in such manner as the legislature may direct elect justices 
of the peace, whose terms of office shall be for two years and until 
their successors in office shall be elected and qualified. They shall have 
jurisdiction coextensive with the county in which they are elected in 
such eases as shall be prescribed by law when the debt or balance due 
or damages claimed by the plaintiff do not exceed one hundred dol- 
lars, inclusive of interest, and where the demands of both parties 
proven on the trial do not exceed two hundred and fifty dollars, and 
such criminal jurisdiction as shall be granted by law. 

“‘Section 17. Tribunals of conciliation may be established with such 
powers and duties as may be prescribed by law, but such tribunals 
shall have no power to render judgment to be obligatory on the par- 


1846] THE CONSTITUTION OF 1846 295 


ties, except they voluntarily submit their matters in difference and 
agree to abide the judgment or assent thereto, in the presence of such 
_ tribunal, in such eases as shall be prescribed by law. 

“Section 18. The legislature shall have power to vest in clerks of 
courts or in other competent persons authority to grant such orders 
and do such acts as may be deemed necessary for the furtherance of 
the administration of justice; but in all cases the powers thus granted 
shall be specified and determined. 

**Section 19. The style of all writs and process shall be in the name 
of the state of Wisconsin, and all criminal prosecutions shall be carried 
on in the name and by the authority of the same. 

**Section 20. The legislature shall impose a tax on process or a 
rate of fees on suits commenced or prosecuted in the supreme and 
circuit courts; they shall also limit by law the total amount of fees 
which the clerks of said courts may retain in payment for their serv- 
ices; and the excess of fees received by said clerks beyond the amount 
so limited and all fees arising from such tax or rate shall be paid 
into the treasury of the state and shall constitute a fund to be applied 
towards the payment of the salary of judges. 

**Section 21. The testimony in equity cases shall be taken in like 
manner as in cases at law; and the office of master in chancery shall 
be abolished. 

““Section 22. Any male citizen residing in this state, of the age of 
twenty-one years, of good moral character, and who possesses the 
requisite qualifications of learning and ability, shall be entitled to 
admission to practice in all the courts of this state. 

“‘Section 23. There shall be an attorney general chosen by the qual- 
ified electors of the state, and a district attorney shall be elected in 
each county organized for judicial purposes by the qualified voters 
therein, whose duties, compensation, and term of service shall be pre- 
scribed by law. 

“Section 24. The legislature shall provide for the speedy publica- 
tion of all statute laws, and of such judicial decisions made within 
this state as it may deem expedient. All laws and judicial decisions 
shall be free for publication by any person, and no general law shall 
be in force until published. 

“‘Section 25. The legislature as early as at its first session after 
the admission of this state into the Union shall provide for the 
appointment of three commissioners, whose duty it shall be to revise, 
simplify, and arrange the statute laws of this territory or state, 
with proposed amendments, to inquire into and ascertain the rules 
of practice, pleadings, forms, and proceedings most suitable to be 
adopted in the courts of record in this state, and to report thereon 
to the legislature, subject to their modification and adoption. Any 
judge of this state may be appointed and serve on such commission, 
and any such commissioner may be elected to the office of judge, any- 
thing in this constitution to the contrary notwithstanding. 

“*Respectfully submitted, 
C. M. Baker, Chairman.’’ 


Which was read the first and second times, referred to the com- 
mittee of the whole, and ordered printed. 


296 WISCONSIN HISTORICAL COLLECTIONS  [0ct. 27 


Mr. Baker stated that the committee had disagreed in some 
parts of the report, as follows: 

On the question of elective judiciary, 5 to 4; on the ques- 
tion of district supreme court, instead of a nisi prius system, 
5 to 4; on county or side judges, 7 to 2; but that the minority 
did not intend to make a report that [but] would embody their 
views in amendments.—Democrat, Oct. 31, 1846. 


Mr. Magone moved that 1,000 copies of the report of the com- 
mittee on the judiciary be printed together with the accompanying 
documents, for the use of the convention, in pamphlet form. 

Mr. Hicks moved to amend by striking out the words ‘‘together 
with the accompanying documents.’’ Pending the question thereon, 
Mr. Baird moved that the motion be laid upon the table. 

And the question having been put, it was decided in the negative. 

And a division having been called for, there were 29 in the affirma- 
tive and 42 in the negative. 

The question then recurred on the adoption of the amendment of 
Mr. Hicks. And the question having been put, it was decided in 
the negative. And the ayes and noes having been called for and 
ordered, those who voted in the affirmative were [affirmative 30, 
negative 51; for the vote see Appendix I, roll call 40]. 

Mr. Baird called for the special order of the day, when Mr. Dennis 
moved that the rule be suspended for the consideration of the motion 
of Mr. Magone. And the question having been put, it was decided 
in the affirmative. And a division having been called for, there 
were 49 in the affirmative and 20 in the negative. 

Mr. Rogan moved to amend the motion of Mr. Magone by adding, 
‘and also that 1,000 copies of said report and accompanying argu- 
ment be printed in the German language for circulation among the 
German population of the territory.’’ 

Mr. Dennis called for the previous question, and previous to the 
ordering the same, on motion of Marshall M. Strong, the convention 
took a recess until two o’clock, P. M. 


TWO O’CLOCK, P. M. 


Mr. Rogan withdrew his amendment. 

Mr. Dennis withdrew his call for the previous question. 

A. Hyatt Smith moved to amend the motion by adding the words, 
“£1000 copies in the Norwegian language,’’ which was disagreed to. 

Mr. Phelps moved to amend by adding the words, ‘‘and also 1,000 
copies in the Indian tongue,’’ which was disagreed to. 

The question then recurred on the motion of Mr. Magone, and 
having been put it was decided in the affirmative. And the ayes 
and noes having been called for and ordered, those who voted in 
the affirmative were [affirmative 46, negative 36. For the vote see 
Appendix I, roll call 41]. 


1846] THE CONSTITUTION OF 1846 297 


John Y. Smith moved a suspension of the rules to allow him to 
move a reconsideration on the vote by which the article on the 
organization and functions of the judiciary was referred to the 
committee of the whole and ordered printed. And the question 
having been put, it was decided in the affirmative. And the ayes 
and noes having been called for and ordered, those who voted in 
the affirmative were [affirmative 57, negative 25. For the vote see 
Appendix I, roll call 42]. 

John Y. Smith then moved that the vote referring the said article 
and accompanying documents to the committee of the whole and 
ordering the same to be printed, be reconsidered, which was agreed 
to. And a division having been called for, there were 47 in the af- 
firmative and 11 in the negative. 

John Y. Smith moved that the article and accompanying docu- 
ments be referred to the committee of the whole, and the article only 
ordered printed, which was agreed to. 

No. 2, ‘‘Article on suffrage and the elective franchise,’’ it being 
the special order of the day, was taken up, when Messrs. Dennis, 
Ryan, Huebschmann, Barber, and Wm. R. Smith asked the unani- 
mous leave of the convention to amend the same. Leave was not 
granted. 


Mr. Hicks moved that the said article be committed to a select 
committee of five, with instructions to report the same back to- 
morrow morning with the following amendment, to wit: 


**Section 1. Every white male resident citizen, Indians not ex- 
cepted, of the age of twenty-one years and upwards shall be en- 
titled to vote for or against the adoption of this constitution and 
for every officer which by the constitution or by-law shall be elected 
by the electors, and every white male resident, not a citizen of the 
United States, but who shall have declared his intention to become 
such in conformity with the laws of Congress, shall be entitled to 
vote at all corporation, town, ward, or precinct elections. 

“Section 2. No person shall be entitled to vote at any election 
in this state who shall not have resided in this state six months, and 
in the county, town, ward, or precinct ten days next preceding such 
election. ’’ 

And the question having been put, it was decided in the negative. 


Mr. Magone moved that the same be recommitted to the committee 
on suffrage and the elective franchise with instructions to report 
the same back in the simplest language possible. And the question 
having been put, it was decided in the negative. - And a division 
having been called for, there were 15 in the affirmative, negative not 
counted. 

Mr. Kellogg called for the previous question, which was ordered. 
And the question having been put [‘‘Shall the main question be now 
put?’’] it was decided in the affirmative. 

The question was then put on the passage of the said article and 
was decided in the affirmative. And the ayes and noes having been 


298 WISCONSIN HISTORICAL COLLECTIONS  [oct. 27 


called for and ordered, those who voted in the affirmative were [affirma- 
tive 69, negative 16; for the vote see Appendix I, roll eall 43]. 

So the article passed, and the title thereof was agreed to. 

Mr. Magone moved that the vote on the passage of the said article 
be reconsidered, which was disagreed to. 


SUFFRAGE AND ELECTIVE F'RANCHISE 


The Chair announced the question on this article to be on 
its passage. 

Mr. Prentiss said that he voted against the third reading of 
the article for the reason that he thought it was not perfect 
and that it ought to be further amended; besides he had doubts 
as to the constitutionality of one of its provisions; still, as they 
were but doubts, and as there was an evident unwillingness to 
make any alterations or amendments in the article, he should 
vote for it on its final passage. 

Chas. E. Browne spoke at length in favor of the right of for- 
eigners to vote. 

H. Chase explained the reason of his vote in short. 

W. Chase should vote against the article because it prohibited 
negro suffrage, because it prohibited men holding offices un- 
der other states from holding offices in this state, and because 
of the declaration against betting. He was in favor of the 
principle of allowing foreigners to vote. 

Several attempts were made to amend, all of which were 
objected to, and then the article passed, ayes 68, noes 16.— 
Argus, Nov. 3, 1846. 


No. 3, ‘‘ Article on eminent domain and the property of the state,’’ 
' was then taken up, when John Y. Smith moved to amend by adding 
to the first section the following proviso: 

“‘Provided, and the foregoing section is adopted on the express 
condition that the state of Wisconsin shall be entitled to so much 
land as shall, together with the amount heretofore granted to the 
territory of Wisconsin for purposes of internal improvement and 
which shall accrue to the said state, make 500,000 acres, to be selected 
from the unsold and unappropriated lands within this state, in 
legal subdivisions of not less than 320 acres in a parcel, in such 
manner and to be disposed of as the legislature thereof may prescribe, 
but not to be disposed of by said state for less than $1.25 per acre, 
without the consent of the United States.’’ 

Pending the question thereon, Mr. Ryan moved that the said article 
with No. 11, ‘‘ Article relative to the act of Congress for the admission 


1846] THE CONSTITUTION OF 1846 299 


of the state,’’ be referred to the same committee of the whole which 
shall have under charge ‘‘ Article reiative to the name and boundaries 
of this state,’’ which was agreed to. 


Eminent Domarn, Erc. 


The question on the amendments of the committee of the 
whole was taken up and agreed to. 

W. Chase moved to strike out the first section of the article. 

J. Y. Smith moved to amend the section by adding thereto 
the following proviso: 

**Provided, and the foregoing section is adopted on the ex- 
press condition, That the state of Wisconsin shall be entitled to 
so much land as shall, together with the amount heretofore 
granted to the territory of Wisconsin for purposes of internal 
improvement and which shall accrue to the said state, make 
five hundred thousand acres, to be selected from the unsold and 
unappropriated lands within this state, in legal subdivisions 
of not less than 320 acres in a parcel, in such manner and to 
be disposed of as the legislature thereof may prescribe, but 
not to be disposed of by said state for less than $1.25 per acre, 
without the consent of the United States.’ 

In support of this amendment Mr. S. contended that the dis- 
tribution act did not secure to the state of Wisconsin five hun- 
dred thousand acres of land, because two contingencies were 
now in operation to prevent the effect of this act: a war with a 
foreign power, and a tariff above twenty per cent. But ten 
sections were given by the act to admit the state into the Union. 
The right to the soil vested in the sovereign power of the state, 
and Congress asked it to be ceded away, and to that he was 
opposed without some remuneration. The Ordinance of 1787 
he contended had been repealed by the Constitution of the 
United States, and the fourth article was not binding; but if 
it was, then all parts of it were binding, and the boundaries of 
the state could not be changed. Congress had acted on the 
principle that the ordinance had been repealed, and being by 
them violated, the right of the state accrued to all the lands. 

A. Hyatt Smith denied the right of the state of Wisconsin 
to the lands within her limits, and that the ordinance was in 


300 WISCONSIN HISTORICAL COLLECTIONS  [0ct. 27 


force and could not be repealed. It was so contended in the 
case of Michigan by the ablest minds of Congress. 

’ On motion of Mr. Ryan, this article and the article on the 
act of Congress were referred to the committee of the whole 
which should have the article on boundaries of the state, ete., 
under consideration.—Argus, Nov. 3, 1846. 

The convention then resolved itself into committee of the whole 
for the consideration of No. 4, ‘‘Article relative to the militia,’’ 

Hiram Barber in the chair. And after some time spent therein, rose 


and reported the same back to the convention without amendment. 
On motion of Mr. Tweedy the convention adjourned. 


Mr. Phelps declaimed loudly against keeping up the militia 
as a useless expense; he said it had cost the territory some 
two or three hundred dollars per annum to take care of twenty 
rusty muskets and he hoped to see this thing abolished. 

After some further discussion, Mr. Dennis moved that the 
committee rise and report the article back to the house with- 
out amendments, which was carried and the committee rose.— 
Express, Nov. 3, 1846. 


ARTICLE ON THE MiiTIA 


The article on the militia came up in its regular order, m 
committee of the whole, when W. Chase moved to amend by 
substituting a new article, providing: 

First, That the state may enact laws to enroll all able-bodied 
male citizens of the state between the ages of eighteen and 
forty-five. 

Second, That on such enrollment they shall be officered, 
armed, and equipped. 

Third, That the governor shall have power to call out the 
militia to suppress insurrection, ete. 

Fourth, That persons having conscientious scruples against 
bearing arms shall not be compelled to do military duty. 

The motion was lost, and the convention adjourned.—Argus, 
Nov. 3, 1846. 


1846] THE CONSTITUTION OF 1846 301 


WEDNESDAY, OcToBER 28, 1846 


[Prayer by the Rev. Mr. Miner.] 

The journal of yesterday was read. 

Geo. B. Smith, from the committee on a bill of rights, reported 
No. 14, ‘‘bill of rights.’’ 


‘‘The committee on a bill of rights have had under consideration 
the subject referred to them, and have the honor to report and 
recommend the adoption of the following: 

“Section 1. All men are born free and independent; therefore 
all government of right originates from the people, is founded in con- 
sent, and instituted for the general good. 

““Section 2. There shall be neither slavery nor involuntary 
servitude in this state otherwise than for the punishment of crimes, 
whereof the party shall have been duly convicted. 

“*Section 3. The people of this state have the sole and exclusive 
right of governing themselves as a free, sovereign, and independent 
state; and do and forever hereafter shall exercise and enjoy every 
power, jurisdiction, and right pertaining thereto. 

“‘Section 4. The liberty of the press is essential to the security 
of freedom; and it ought not therefore to be restrained in this state. 

““Section 5. The legislature shall make no law abridging the 
freedom of speech or the right of the people peaceably to assemble 
and to petition for a redress of grievances. 

““Section 6. The freedom of deliberation, speech, and debate in 
either house of the legislature is so essential to the rights of the 
people that it cannot be the foundation of any action, complaint, 
or prosecution in any place whatsoever. 

*‘Section 7. The legislature shall not possess or exercise any pow- 
ers except such as are expressly granted by this constitution; and 
all power and authority not expressly granted by this constitution 
is reserved to the people. 

“‘Section 8. In the government of this state the legislative de- 
partment shall never exercise the executive and judicial powers, or 
either of them; the executive shall never exercise either the legis- 
lative or judicial powers; the judicial shall never exercise either 
the legislative or executive powers—to the end that it may be a gov- 
ernment of laws and not of men. 

‘Section 9. The inhabitants of this state shall be entitled to 
the writ of habeas corpus, writs of error, and trial by jury. 

“‘Section 10. All persons shall be bailable unless for capital 
offenses where proof shall be evident or the presumption great; all 
fines shall be moderate, and no cruel or unusual punishment shall 
be inflicted. 

““Section 11. No person shall be deprived of life, liberty, or prop- 
erty but by the judgment of his peers or the law of the land. 


302 WISCONSIN HISTORICAL COLLECTIONS  [foct. 28 


“‘Section 12. No person shall be held to answer for a capital 
or otherwise infamous crime, unless on presentment or indictment 
of a grand jury; nor shall any person be subject for the same offense 
to be twice put in jeopardy of life or limb; nor shall be compelled in 
any criminal case to be a witness against himself. 

‘Section 18. The right of the people to be secure in their per- 
sons, houses, papers, and effects against unreasonable searches and 
seizures shall not be violated; and no warrants shall issue but upon 
probable cause, supported by oath or affirmation, and particularly 
describing the place to be searched, and the persons or things to be 
seized. 

““Section 14. No ex post facto law nor any law impairing the 
validity of contracts shall ever be made; and no conviction shall work 
corruption of blood or forfeiture of estate. 

‘Section 15. No person demeaning himself in a peaceable and 
orderly manner shall ever be molested on account of his mode of 
worship or religious sentiments in this state. 

“Section 16. Private property ought and shall ever be held in- 
violable, but always subservient to the public welfare, provided a 
compensation in money be made to the owner, the value thereof to 
be assessed by a jury of the county in such manner as may be pro- 
vided by law. 

‘‘Section 17. Foreigners who are or who may hereafter become 
residents of this state shall enjoy the same rights in respect to the 
possession, enjoyment, and descent of property as native born citizens. 

‘*Section 18. No person shall be imprisoned for debt in this state 
unless upon refusal to deliver his estate for the benefit of his eredi- 
tors, in such manner as shall be prescribed by law, or in cases where 
there is strong presumption of fraud. 

“Section 19. No religious test shall be required as a qualification 
for any office of public trust, and no person shall be deprived of 
any of his rights, privileges, or capacities, or disqualified from the 
performance of any of his public or private duties, or rendered in- 
competent to give evidence in any court of law or equity in conse 
quence of his opinions on the subject of religion. 

‘*Section 20. The military shall be kept under strict subordina- 
tion to the civil power. 

‘Section 21. The people have a right to bear arms for the defense 
of themselves and the state. 

“‘Section 22. All elections ought to be free; and all men having 
sufficient evidence of permanent common interest with, and attach- 
ment to the community have a right of suffrage and cannot be taxed 
or deprived of their property for public use without their own consent 
or that of their representatives so elected, nor bound by any law to 
which they have not in like manner assented for the public good. 

‘*Section 23. The legislature shall make no law respecting the es- 
tablishment of religion, nor shall any person be compelled to attend 
any place of worship, pay tithes, taxes, or other rates for building or 
repairing places of worship, or for the maintenance of any minister or 
ministry. 


1846] THE CONSTITUTION OF 1846 303 


“Section 24. The legislature shall protect by law from forced 
sale a certain portion of property of all heads of families. 

“‘The homestead of a family, not less than forty nor to exceed one 
hundred and sixty acres (not included in any town or city) or any 
town or city lot shall not be subject to forced sale for any debts 
hereafter contracted, nor shall the owner, if a married man, be at 
liberty to alienate the same unless by the consent of the wife in 
such manner as the legislature may hereafter point out. 

“Section 25. A frequent recurrence to the fundamental prin- 
ciples of the constitution and a constant adherence to justice are in- 
dispensably necessary to preserve the blessings of liberty and a good 
government. 

Geo. B. Suitru, Chairman.’’ 


Which was read the first and second times, referred to the com- 
mittee of the whole, and ordered to be printed. 

Geo. B. Smith, from the minority of the committee on the organi- 
zation and functions of the judiciary, reported No. 13, ‘‘Article on 
the organization and functions of the judiciary.’’ 


“‘Section 1. The judicial power of this state both as to matters 
of law and equity shall be vested in a supreme and district court 
for each county, in justices of the peace, and in such other courts 
as the legislature may from time to time establish. 

“Section 2. The supreme court shall consist of three judges, 
any two of whom shall form a quorum. They shall have original and 
appellate jurisdiction both in common law and chancery, in such 
eases as Shall be directed by law. Provided that nothing herein con- 
tained shall prevent the legislature from adding another judge or 
judges to the supreme court after the term of five years. 

“‘Section 3. The several district courts shall consist of a district 
and associate judges. The state shall be divided by law into five 
districts; there shall be elected in each district a district judge who 
shall hold his office for four years and until his successor is duly 
elected and qualified, who during his continuance in office shall reside 
therein. 

“‘There shall be elected in each county not less than two nor more 
than three associate judges who shall hold their office for four years 
and until their successors are duly elected and qualified, who, during 
their continuance in office, shall reside therein. 

“The district and associate judges, in their respective counties, 
any two of whom shall be a quorum, shall compose the district court, 
which shall have common law and chancery jurisdiction in all such 
cases as shall be directed by law; provided that nothing herein con- 
tained shall prevent the legislature from increasing the number of 
districts and district judges after the term of five years. 

“Section 4. The judges of the supreme and district courts shall 
have complete criminal jurisdiction in such cases and in such manner 
as may be provided by law. 

Section 5. The associate judges of the district court in each county 
shall have jurisdiction of all probate and testamentary matters, grant- 


304 WISCONSIN HISTORICAL COLLECTIONS  [oct. 28 


ing letters of administration, the appointment of guardians, and such 
other powers and jurisdiction as shall be provided by law. 

““Section 6. The judges of the district court shall within their 
respective counties have the same powers with the judges of the 
supreme court to issue writs of certiorari, writs of habeas corpus, 
mandamus, prohibition, quo warranto, and other original remedial 
writs, and to hear and determine the same. 

‘‘Section 7. The judges of the supreme court shall be elected by 
the qualified electors of this state as shall be prescribed by law to 
hold their offices for six years and until their successors are duly 
elected and qualified. 

‘*Section 8. The supreme court shall be held once a year in each 
county; and the district court shall be holden in each county at least 
twice a year as shall be prescribed by law. 

“‘Section 9. The testimony in equity cases shall be taken in like 
manner as in cases at law. 

‘“The office of master and examiner in chancery are hereby abolished. 

“Section 10. The clerks of the supreme and district courts shall 
be elected by the qualified electors of each county in this state as 
shall be prescribed by law. The clerks of the supreme court shall 
hold their office for six years and until their successors are duly 
elected and qualified; and the clerks of the district court shall hold 
their offices for the term of four years and until their successors 
are duly elected and qualified, subject to be removed at any time 
by the judges of said courts for incompetency. 

*‘Section 11. A competent number of justices of the peace shall 
be elected by the qualified electors in each township in the several 
counties and shall continue in office for two years and until their 
successors are duly elected and qualified, whose powers, jurisdiction, 
and duties shall from time to time be regulated and defined by law. 

“Section 12. The state shall be divided for judicial purposes as 
follows: 

The counties of Brown, Calumet, Winnebago, Sheboygan, 
Manitowoc, and Fond du Lac shall compose the first district. 

‘‘The counties of —————, Milwaukee, Waukesha, and Jef- 
ferson shall compose the second district. 

The counties of Racine, Walworth, Rock, and Green shall com- 
pose the third district. 

The counties of Dane, Sauk, Dodge, Columbia, Portage, and 
Marquette shall compose the fourth district. ' 

The counties of Iowa, Grant, Richland, and Crawford shall 
compose the fifth district. 

The counties of St. Croix, Chippewa, and La Pointe shall be 
attached to the fifth district for judicial purposes, until otherwise 
provided by law. 

‘*Section 138. The style of all process shall be ‘The State of Wis- 
consin.’ 

‘‘All prosecutions shall be carried on in the name and by the 
authority of the State of Wisconsin; and all indictments shall con- 
clude against the peace and dignity of the state. 

Gro. B. Suite 
B. O’Connor’’ 


1846] THE CONSTITUTION OF 1846 305 


The said report was received. The article was read the first and 
second times, referred to the committee of the whole, and ordered 
printed. 

Mr. Randall introduced the following resolution, which was read, 
to wit: ‘‘Resolved, That 1,000 copies of the minority report on the 
judiciary be printed in pamphlet form for distribution.”’ 

The resolution introduced by Mr. Crawford on yesterday was 
then taken up, when Mr. Magone moved that the same be referred 
to the committee on the schedule for the organization of state gov- 
ernment, which was agreed to. 

The resolution introduced by L. Goodell on yesterday was taken 
up, when Mr. Goodell, by the unanimous leave of the convention, 
withdrew the same. 

No. 4. ‘‘Article relative to militia,’’ was taken up, when Mr. Cruson 
moved to amend by striking out the first section thereof and inserting 


as follows: 

“‘The legislature shall provide by law for organizing the militia in 
such manner as they may deem expedient, not incompatible with the 
constitution and laws of the United States. 

**Persons who have conscientious scruples against bearing arms shall 
not be compelled to do so, but may be compelled to pay an equivalent 
for personal service. 

“‘The governor shall have power to call out the militia to execute 
the laws of the state, to suppress insurrection, and to repel invasion.”’ 

And the question having been put, it was decided in the negative. 
And the ayes and noes having been called for and ordered, those who 
voted in the affirmative were [affirmative 21, negative 66; for the vote 
see Appendix I, roll call 44]. 


General Smith opposed the amendment, as it did not render 
it obligatory upon the legislature to organize the militia. 

General Crawford was one of the committee to whom had 
been submitted this subject and [was] ardently in favor of 
the report. He considered the organization of the militia very 
essential, which organization he thought to consist of its divi- 
sion into regiments, brigades, battalions, and companies, and 
the report provides for nothing more. He had done duty in 
the militia for seventeen years, and had not yet received the 
first dollar for such service—nothing but the bare honor of the 
thing, and he was satisfied with that. The brigade inspectors 
might possibly be paid for inspecting a brigade, but not other- 
wise, and the inspection could not take place oftener than once 
a year, making the enormous expense to the state of six dol- 
lars per year for this duty; the adjutant general, too, might 
receive a trifling salary as a matter of charity, as some gentle- 


20 


306 WISCONSIN HISTORICAL COLLECTIONS  foct. 28 


men had been pleased to remark, but the whole expense of 
thoroughly organizing and disciplining the militia of the state 
would be a comparative trifle. It is true we might never want 
this force; we may always be like the Whigs he spoke of the 
other day, very docile, but he was somewhat dubious about this. 
Some who professed to be progressive Democrats here had al- 
ready exhibited a very turbulent spirit since we met here. 

Mr. Baker was in favor of the original report and advo- 
cated at some length the thorough and efficient organization of 
the militia, mustering, training, etc., terming it the right hand 
of our national defense! 

There was considerable further discussion upon this ques- 
tion principally between W. R. Smith and General Crawford 
in favor of the original report of the committee and against 
the proposed amendment, and Marshall M. Strong, Lovell, 
Randall, and Bevans opposed the old exploded and absurd Sys- 
tem of enrollment, quarterly trainings, appointing and paying 
officers to sustain the organization, and all other parapher- 
nalia of the ‘‘gingerbread and sweet cider’’ days of sodgering. 

The question being taken on Mr. Cruson’s amendment, it was 
lost—Express, Nov. 3, 1846. 


Mr. Burchard moved to amend the second line of the first section 
thereof by striking out the words ‘‘negroes and mulattoes excepted.”’ 


Mr. Burchard moved to strike out the words ‘‘negroes and 
mulattoes.’? He wanted these men should have a show in these 
trainings.—Argus, Nov. 3, 1846. 


Pending the question on said amendment, Mr. Judd called the 
previous question, which was ordered. And the question having been 
put, ‘‘Shall the main question be now put?’’ it was decided in the 
affirmative. And a division having been called for, there were 46 in 
the affirmative and 25 in the negative. 

The question was then put on adopting the amendment offered by 
Mr. Burchard, which was disagreed to. 

The question was then put on ordering the said article to be en- 
grossed for its third reading and was decided in the affirmative. And 
the ayes and noes having been called for and ordered, those who voted 
in the affirmative were [affirmative 68, negative 21; for the vote 
see Appendix I, roll call 45]. 


1846] THE CONSTITUTION OF 1846 307 


Mr, Manahan moved that the rules be suspended for the consid- 
eration of a resolution relative to the receiver of the canal lands, which 
was agreed to. 

Mr. Manahan then introduced the following resolution, which was 
read and adopted, to wit: ‘‘WuHerzas, the receiver of the Milwaukee 
and Rock River Canal has a sum of money in his hands received by 
him for interest arising from sales of the canal lands made previous 
to the act of 1845, authorizing the late sales of said lands, and WHEREAS 
the said receiver has doubted whether he was authorized to pay the 
same into the treasury of the territory by the resolution approved 
February 3, 1846, therefore, Resolved, That the said receiver is hereby 
requested to pay over to the president of this convention all moneys 
arising from any sale of the canal lands, whether the same is interest 
or principal.’’ 


Mr. M. explained that the receiver had now in his hands some 
four or five thousand dollars, which he had not paid over to 
the treasurer of the territory for the reason that the resolu- 
tion of the legislature only authorized him to pay over such 
moneys as might thereafter arise from the sale of said lands, 
while this sum had accrued previous to the passage of the res- 
olution aforesaid. He offered this resolution because he un- 
derstood that the receiver would feel himself justified in paying 
it over upon the passage of such a resolution by this conven- 
tion, but at present could not conceive himself authorized to 
doso. He would also remark that the receiver was well known 
to be a gentleman of very high standing for probity, ete., and 
it was only through fear of exceeding his authority in this mat- 
ter that he refused to pay over the above sum.—E xpress, Nov. 
3, 1846. 


No. 5, ‘‘ Article relative to internal improvements,’’ was then taken 
up, when Wm. R. Smith moved that the same be referred to the same 
committee of the whole which shall have under charge No. 6, ‘‘ Article 
on taxation, finance, and the public debt,’ which was agreed to. 

The convention then resolved itself into committee of the whole 
for the consideration of No. 6, ‘‘Article on taxation, finance, and 
public debt,’’ and No. 5, ‘‘ Article relative to internal improvements,”’ 
Mr. Nathaniel F. Hyer in the chair. And after some time spent therein, 
rose, and by their chairman reported progress thereon, and asked 
leave to sit again. Leave was granted. 

On motion of Mr. Magone the convention took a recess until two 
o’elock P. M. 


308 WISCONSIN HISTORICAL COLLECTIONS  [Oct. 28 


Mr. Ryan offered an amendment to the first section of the 
article, the object of which was to restrict the legislature from 
levying any tax [except] upon property; or, in other words, to 
restrict them from levying any capitation or poll tax. 

Mr. Jadd did not think the amendment improved the section 
any, and although he was not tenacious upon the subject, he 
would vote against the proposed amendment because it did 
not, in his opinion, alter or improve it. 

Marshall M. Strong opposed the whole article for the reason, 
as we understood him, that he found no such proposition in the 
new constitution of the state of New York, which he held in 
his hand. He was in favor of leaving the subject for future 
legislation. 

Messrs. Baker, Judd, Ryan, and Marshall M. Strong con- 
tinued the discussion, and there appeared at one time some 
appearance of a slight ‘‘difference of opinion’’ between Messrs. 

‘Judd and Ryan. The former used the term ‘‘the Lawyer”’ in 
application to Mr. Strong, and also said something concern- 
ing lawyers which displeased Mr. Ryan, whereupon that gen- 
tleman took the floor and answered with some remarks in 
which ‘‘low,’’ ‘‘mean,’’ ‘‘vagabond,’’ ‘‘unworthy,’’ ‘‘Jack 
Cade’’ prejudices, and other similar epithets figured somewhat 
conspicuously. 

Mr. Judd remarked that he used the term ‘‘lawyers’’ in no 
exceptionable phrase, and the term ‘‘the Lawyer,’’ as applied 
to Mr. Strong, he had first heard from the gentleman himself 
in this convention. 

Mr. Ryan denied having used the term in convention, but in 
caucus, and the question was one of veracity between himself 
and the gentleman. 

Mr. Dennis cut the matter short by moving that the com- 
mittee rise and report progress, which was carried.—Ezpress, 
Nov. 3, 1846. 


TWO O’CLOCK, P. M. 
The convention again resolved itself into committee of the whole 


for the consideration of the said articles Nos. 5 and 6, N. F. Hyer 
in the chair. And after some time spent therein, rose and by their 


1846] THE CONSTITUTION OF 1846 309 


chairman reported progress thereon, and asked leave to sit again. 


Leave was granted. f 
On motion, the convention adjourned. 


The question pending was upon Mr. Ryan’s amendment, 
which was discussed by Messrs. J. A. Barber against and Ryan 
in favor of it. 

Mr. Baird offered an amendment to the amendment, to ex- 
cept road or highway tax, which was accepted. 

Mr. H. Barber then offered an amendment, which was as fol- 
lows: ‘‘All taxes levied upon property in this state at any 
time shall be as nearly equal as may be, and no capitation or 
poll tax shall be levied unless for road or highway labor,’’ 
which he proposed to substitute for the first section of the ar- 
ticle. As this amendment covered the whole ground intended by 
Mr. Ryan, that gentleman withdrew his amendment, and the 
question being taken, it was at once adopted. 

Mr. Baird moved to strike out the second section, as the same 
proposition was contained both in the report of the committee 
on the eminent domain and in that of the committee on the act 
of Congress for the admission of the state. He did not object 
to the substance of the article, but thought it needless to have 
it inserted in three or four different articles. 

The section was stricken out. 

The third section then underwent a close scrutiny and was 
also finally stricken out. 

The fourth section caused considerable discussion, which 
occupied the committee until the usual hour for adjournment. 
The question was whether parsonage houses and lands belong- 
ing thereto should be exempted from taxation, upon which no 
decision was arrived at, when Mr. Judd moved that the com- 
mittee should rise and report progress. 

Mr. Baird moved to rise and report the article back to the 
house, for which motion he claimed precedence on the ground 
that it was equivalent to a motion to adjourn. 

The Chair decided to put the questions in the order they 
came up, and Mr. Judd’s motion was carried. The committee 
then rose, and, after reporting, the convention adjourned.— 
Express, Nov. 3, 1846. 


310 WISCONSIN HISTORICAL COLLECTIONS  [oct. 29 


THurspDAy, OcToBer 29, 1846 


Prayer by the Rev. Mr. McHugh. 

The journal of yesterday was read. 

Mr. Berry asked leave of absence for Mr. Baker. Mr. Burchard 
asked leave of absence for Mr. Burt. Leave was granted. 

Mr. O’Connor, from the committee on a preamble, reported No. 
15, ‘‘Preamble.’’ 


‘‘The committee to whom was referred the subject of a preamble 
beg leave to make the following report: 


PREAMBLE 


‘‘The constitution of the state of Wisconsin, adopted in convention 
at Madison, on the day of ———_—— in the year of our Lord 
one thousand eight hundred and forty-six, and of the independence 
of the United States the seventy-first. 

‘‘We, the people of the territory of Wisconsin, acknowledging 
with gratitude the grace and beneficence of God in permitting us 
to make choice of our form of government, having the right of ad- 
mission into the Union as a member of the confederacy, consistent 
with the Constitution of the United States, the Ordinance of Congress 
of 1787, and the law of Congress, approved August 6, 1846, entitled 
‘An Act to enable the people of Wisconsin Territory to form a con- 
stitution and state government, and for the admission of such state 
into the Union,’ believing that the time has arrived when our present 
political condition ought to cease, and the right of self-government 
to be asserted; and in order to establish justice, promote the welfare, 
and secure the blessings of liberty to ourselves and to our posterity do 
mutually agree with each other to form ourselves into a free and 
independent state, by the name of the State of Wisconsin, and do 
ordain and establish this constitution for the government thereof. 

“All of which is respectfully submitted. 

Bostwick O’Connor, Chairman 
JAMES H. Hat 

LaFayette HItu 

ABEL DUNNING 

JOSEPH BOWKER’’ 


Which was read the first and second times, referred to the com- 
mittee of the whole, and ordered to be printed. 

Mr. Bevans, from the committee on municipal corporations, re- 
ported No. 16, ‘‘Article on municipal corporations.”’ 


‘‘The committee to whom was referred the subject of municipal 
corporations have had the subject under consideration and ask leave 


1846] THE CONSTITUTION OF 1846 311 


to report the following article and recommend its adoption by the 
convention: 


“Section 1. The legislature shall provide for the creation and 
government of municipal corporations by general and uniform laws 
and .not otherwise. 

“Section 2. No municipal corporation shall have power to contract 
debts on account of said corporation for any purposes whatever. 

‘All of which is respectfully submitted. 

L. Brvans, Chairman 
J. S. Prerce 
Lorenzo Hazen’”’ 


Which was read the first and second times, referred to the com- 
mittee of the whole, and ordered to be printed. 

Mr. Hunkins, from the committee on engrossment, reported No. 
4, “‘Article on the militia,’’ as correctly engrossed. 

Mr. Doty, from the committee on the name and boundaries of the 
state, reported No. 17, ‘‘Article in relation to the boundaries of 
Wisconsin. ”’ 


“‘The committee upon the name and boundaries of the state of Wis- 
consan, respectfully report: 

“‘That the act of Congress entitled ‘An Act to enable the people of 
Wisconsan Territory to form a constitution and state government, 
and for the admission of such state into the Union,’ approved August 
6, 1846, gave the name of ‘ Wisconsan’ to this state and did not submit 
the question whether it should have that, or any other name, to this 
convention. And another committee of this convention having 
adopted in their report the same name, this committee has not deemed 
it necessary to investigate the subject. 

“It is provided in the above mentioned act that this convention 
shall declare, ‘in an ordinance irrevocable without the consent of the 
United States,’ that this state accepts of the boundaries therein pre- 
scribed. In compliance with this act your committee has prepared 
an ordinance which is herewith submitted. 

“‘But as these boundaries are essentially different from those of the 
present territory of Wisconsan, as well as from those which have 
hitherto been claimed for this state by the inhabitants of the territory, 
and by the legislative and executive departments of the territory, 
your committee has also, in the performance of its duties, inserted 
provisions in this ordinance asserting the right of this state to its 
ancient limits, and submitting the question in dispute with the states 
of Illinois and Michigan to the Supreme Court of the United States 
for final adjudication and settlement. 

““By this reference, the state only asserts her rights constitu- 
tionally; and, following the example of Iowa and Missouri, which 
has been approved by the government of the United States, manifests 
her intention to effect a peaceable adjustment of them with her 
neighbors by submitting them for determination to the judicial tri- 
bunals of the country, according to the Constitution of the United 


312 WISCONSIN HISTORICAL COLLECTIONS  [Oct. 29 


States. If Congress, however, will now assent to the original 
boundaries of this state, the controversy with the adjoining states 
on the south and east may perhaps be adjusted without further dif- 
ficulty. 

‘‘Tt is not proposed at present to discuss the question of the right 
of this state to the boundaries claimed, as it is doubtless well under- 
stood by the members of this convention; but we respectfully offer 
herewith copies of the fifth article in the Ordinance of 1787, and of 
the act of Congress prescribing limits to Michigan in the year 1805; 
also, the report of a committee of the Council of this territory made 
in the year 1842, in relation to the proper boundaries of this state, 
which presents and discusses this subject with great ability; and 
your committee asks that the copy hereto annexed may be received 
as a part of this report. 

“Tf this convention gives, by adopting the ordinance now sub- 
mitted, a qualified assent to the boundaries proposed in the act of 
Congress of the last session, your committee are of the opinion that 
the state will be entitled to, and will obtain immediate admission into 
the Union. 

‘‘Missouri gave, in the year 1821, a qualified assent to a condition 
imposed upon her authority by the government of the United States, 
a full compliance with which was required; yet she was admitted 
and still retains her place in the Union. 6 vol. Laws U. 8. 666. 

‘“‘The question of an unadjusted or indefinite boundary cannot 
be considered an objection to admission. It is well known that several 
of the thirteen original states came into the Union with contested 
boundaries, some of which have been but lately settled, and others, 
it is believed, are still undetermined. And so indefinite was the 
line which separated New York and New Hampshire, the people 
of Vermont in virtue of their own authority formed that state 
out of the county which was in dispute between those states and 
after asserting and maintaining her sovereignty for twenty years 
was finally admitted into the Union. 

‘‘Provision was made for the admission of the state of Iowa by 
Congress at its last session, and at the same time for the adjust- 
ment of the contested boundary between her and the state of 
Missouri by the Supreme Court. We are thus only following an 
example which has been approved by the government of the United 
States. A copy of the section of the act of Congress which provides 
for the settlement of the boundary by the Supreme Court is herewith 
submitted. 

‘‘We would also refer to the instance of the state of Michigan. 
That state, having ascertained by a census that she had 60,000 free 
inhabitants within her limits, as established by the Ordinance of 
1787 and by the act of Congress of 1805, formed her constitution 
and demanded admission. She elected her senators and repre- 
sentatives to Congress, and all of her state officers, and thus threw 
off the territorial government on the adoption of her constitution by 
the people and became then an independent state. 

“‘Congress, on the 15th of June, 1836, passed an act prescribing 
other boundaries for her than those which she had adopted and 


1846] THE CONSTITUTION OF 1846 313 


submitted these new boundaries to the people of Michigan for their 
acceptance. In the same act, and before the assent of the people 
of Michigan was or could have been given to the alteration, it is 
provided that the senators and representatives [of Michigan] in the 
Congress of the United States shall be entitled to take their seats in the 
Senate and House of Representatives, respectively, without further 
delay. 9 vol. Laws U. 8S. 377. 

“‘The assent of the people of a portion of the state having been 
given (but not of that portion beyond the original boundaries of 
Michigan) an act to admit the state into the Union was passed on 
the 26th day of January, 1837. 

‘«Thus she became by her own action an independent state, exercising 
all her functions of sovereignty, admitted into the national councils, 
voted for the president of the United States, received her proportion 
of the surplus fund which was distributed among the states, and en- 
joying all the benefits of the Union before the boundaries were ad- 
justed and settled. 

‘‘Tt therefore appears from these instances that states can be and 
have been admitted into the Union with undefined as well as unsettled 
boundaries; that when Congress requires the assent of a state to a con- 
dition imposed, a qualified assent may be given and the state admitted ; 
and that a state may be admitted while the question is pending and un- 
determined in the Supreme Court of the United States, whether she is 
entitled to one line or another for her boundary. And in this last 
ease this mode of establishing a contested boundary is expressiy sanc- 
tioned by a special act of Congress. 

‘‘Whatever changes Congress has hitherto made in the boundaries 
of this state by extending over portions of it the jurisdiction of other 
states she has been well aware were not binding without the consent 
of the people of this state. The consent of the states of Illinois and 
Michigan was asked and given— and might well be given by them as 
they were to acquire thereby extensive and valuable territory; but the 
consent of this state to those encroachments is now asked, and the ques- 
tion is, Shall it be given? 

“‘The proposition now made by Congress that we shall assent to 
these alterations implies that in the opinion of that body ‘common 
consent,’ that is, the consent of all the parties interested, is required 
to alter the boundaries fixed in the articles of compact. If this state 
refuses to consent, her limits will remain unchanged ; but it is nowhere 
said by Congress or in the ordinance or constitution that this state 
shall forfeit its right to be admitted if she does not yield her consent. 

“‘Tn conclusion, your committee express the opinion that the boun- 
daries claimed are the true boundaries of the state of Wisconsin as fixed 
and established by an article in the Ordinance of 1787 which was de- 
clared to be ‘irrepealable unless by common consent’; that the inhab- 
itants of this state have never given their consent to repeal or alter 
them; that the propositions now made by Congress contain no consid- 
eration which ought to be received by this state for her consent to 
such repeal or alteration or the surrender upon such a demand for 
her unquestionable rights; and that by said ordinance and the Con- 


314 WISCONSIN HISTORICAL COLLECTIONS foct. 29 


stitution of the United States the only questions submitted to Congress 
by the application of this state for admission are whether her consti- 
tution is republican and in conformity to the principles contained in 
the compact; and that this last of the states in the Northwestern Terri- 
tory is of right entitled to that admission ‘on an equal footing with the 
original states’ if demanded by her, without any other restriction, lim- 
itation, or condition than such as is imposed by the ordinance. 

J. D. Dory, Chairman 

E. W. EpGERTON 

Grorce B. Haun 

L. GoopELL’’ 


ORDINANCE IN RELATION TO THE BOUNDARIES OF WISCONSAN 


‘Section 1. It is hereby ordained and declared that the state of 
Wisconsan ‘doth consent to and accept of the boundaries’ prescribed 
in the act of Congress entitled ‘An Act to enable the people of Wis- 
consan Territory to form a constitution and state government, and for 
the admission of such state into the Union’ approved August 6, 1846, 
as hereinafter mentioned, and for the purpose of obtaining admission 
into the Union, which said boundaries are as follows, to wit: 

‘* “Beginning at the northeast corner of the state of Illinois, thence 
running with the boundary line of the state of Michigan through Lake 
Michigan and Green Bay to the mouth of the Menomonee River; thence 
up the channel of said river to the Brule River; thence up said last 
mentioned river to Lake Brule; thence along the southern shore of Lake 
Brule in a direct line to the center of the channel between Middle and 
South Islands in the Lake of the Desert; thence in a direct line to the 
headwaters of Montreal River, as marked upon the survey made by. 
Captain Cram; thence down the main channel of Montreal River to 
the middle of Lake Superior; thence through the center of Lake Su- 
perior to the mouth of St. Louis River; thence up the main channel 
of said river to the first rapids in the same above the Indian village 
according to Nicollet’s map; thence due south to the main branch of 
the St. Croix; thence down the main channel of said river to the Mis- 
sissippi; thence down the center of the main channel of that river to 
the northwest corner of the state of Illinois; thence due east with the 
northern boundary of the state of Illinois to the place of beginning.’ 

‘‘Provided, however, That the admission of this state into the Union 
according to the boundaries as above described shall not in any man- 
ner affect or prejudice the right of this state to the boundaries which 
are ‘fixed and established’ for the fifth division or state of the North- 
western Territory in and by the fifth article of compact in the ordi- 
nance of Congress for the government of the territory northwest of 
the river Ohio, passed July 13, 1787, and by an act to divide the In- 
diana Territory into two separate governments, approved the eleventh 
day of January, 1805, and by the admission of the states of Ohio, In- 
diana, Illinois, and Michigan into the Union, which said boundaries 
are as follows, to wit: On the south, by a west line drawn through 


1846] THE CONSTITUTION OF 1846 315 


the southerly bend or extreme of Lake Michigan to the Mississippi 
River; on the west, by the Mississippi River from the point where the 
said line intersects the middle of said river to its source, and thence 
due north to the forty-ninth parallel of latitude; on the east, by a line 
drawn from the said southerly bend of Lake Michigan through the 
middle of said lake to its northern extremity and thence due north to 
the northern boundary of the United States; and on the north, by the 
said northern boundary. 

*‘Section 2. The question which has heretofore been the subject 
matter of controversy and dispute between the territory of Wisconsan 
and the state of Illinois respecting the northern boundary line of said 
state, and with the state of Michigan respecting the western boundary 
line of said state, it is hereby proposed and agreed by the people of the 
territory and state of Wisconsan shall unless Congress shall assent to 
the boundaries as herein claimed be referred to the Supreme Court of 
the United States for adjudication and settlement; and the state of 
Wisconsan doth hereby further agree to the commencement and speedy 
determination of such suit, with either or both of said states of Illinois 
and Michigan, as may be necessary to procure a final decision by the 
said Supreme Court upon the true location of the said northern and 
western boundaries. 

**Section 3. This ordinance is hereby declared to be irrevocable 
without the consent of the United States.’’ 


No. 2 


Extract from the ordinance for the government of the territory of 
the United States northwest of the river Ohio, passed July 13, 1787. 


“*It is hereby ordained and declared by the authority aforesaid that 
the following articles shall be considered as articles of compact be- 
tween the original states and the people and states in the said terri- 
tory, and forever remain unalterable, unless by common consent, to wit: 

“Article V. There shall be formed in the said territory not less 
than three nor more than five states, and the boundaries of the states, 
as soon as Virginia shall alter her act of cession and consent to the 
same, shall become fixed and established, as follows, to wit: The west- 
ern state in the said territory shall be bounded by the Mississippi, the 
Ohio, and Wabash rivers; a direct line drawn from the Wabash and 
Post Vincent, due north to the territorial line between the United 
States and Canada, and by the said territorial line to the Lake of the 
Woods and Mississippi. The middle state shall be bounded by the said 
direct line, the Wabash from Post Vincents to the Ohio, by the Ohio, 
and by a direct line due north from the mouth of the Great Miami to 
the said territorial line. The eastern state shall be bounded by the last- 
mentioned direct line, the Ohio, Pennsylvania, and the said territorial 
line: Provided, however, and it is further understood and declared, 
That the boundaries of these three states shall be subject so far to be 
altered that if Congress shall hereafter find it expedient, they shall 
have authority to form one or two states in that part of the said terri- 


316 WISCONSIN HISTORICAL COLLECTIONS  [oct. 29 


tory which lies north of an east and west line drawn through the south- 
erly bend or extreme of Lake Michigan. And whenever any of the 
said states shall have 60,000 free inhabitants therein, such state shall 
be admitted by its delegates into the Congress of the United States, on 
an equal footing with the original states in all respects whatever; and 
shall be at liberty to form a permanent constitution and state govern- 
ment: Provided, the constitution and government so to be formed 
shall be republican and in conformity to the principles contained in 
these articles.’’ 


EXTRACT FROM THE ACT OF VIRGINIA OF THIRTIETH DECEMBER, 1788 


““The fifth article as above is recited and then declares: ‘And 
[WHEREAS] it is expedient that this commonwealth do assent to the 
propesed alteration, so as to ratify and confirm the said article of 
compact between the original states and the people and states in the 
said territory. Be it therefore enacted by the general assembly, That 
the aforecited article of compact between the original states and the 
people and states in the territory northwest of Ohio River be and the 
same is hereby ratified and confirmed.’ ”’ 


No. 3 


An Act to define the boundaries of the state of Iowa, and to repeal 
so much of the act of the third of March, 1845, as relates to the boun- 
daries of Iowa, approved August 4, 1846. 

‘*Section 2. That the question which has heretofore been the sub- 
ject matter of controversy and dispute between the state of Missouri 
and the territory of Iowa respecting the precise location of the north- 
ern boundary line of the state of Missouri shall be and the same is 
hereby referred to the Supreme Court of the United States for adjudi- 
cation and settlement, in accordance with the act of the legislature of 
Missouri, approved March 25, 1845, and the memorial of the council 
and house of representatives of the territory of Iowa, approved Janu- 
ary 17, 1846, by which both parties have agreed to the commencement 
and speedy determination of such suit as may be necessary to procure 
a final decision by the Supreme Court of the United States upon the 
true location of the northern boundary of that state; and the said Su- 
preme Court is hereby invested with all the power and authority neces- 
sary to the performance of the duty imposed by this section.’’ 


No. 4 


Extract from an act of Congress to divide the Indiana Territory into 
two separate governments, approved January 11, 1805. 

‘Section 1. That all that part of the Indiana Territory which lies 
north of a line drawn east from the southerly bend or extreme of Lake 
Michigan, until it intersects Lake Erie, and east of a line drawn from 
the said southerly bend through the middle of said lake to its north- 
ern extremity, and thence due north to the northern boundary of the 


1846] THE CONSTITUTION OF 1846 Sit 


United States shall for the purpose of temporary government con- 
stitute a separate territory and be called Michigan. 

“Section 2. The inhabitants thereof shall be entitled to and enjoy, 
all and singular, the rights, privileges, and advantages granted and 
secured to the people of the territory of the United States northwest 
of the river Ohio, by the said ordinance.’’ 


No. 5 


Report of the committee on territorial affairs to whom was referred 
so much of the governor’s message as relates to a state government, and 
the proceedings of a meeting held at Madison on the subject. 


‘‘The committee on territorial affairs, to whom was referred so much 
of the governor’s message as relates to the formation of a state govern- 
ment, and to whom was referred the proceedings of a meeting of the 
citizens of Wisconsin held at Madison on the third instant, on the 
same subject, and on the question of annexing to the future state of 
Wisconsin so much of the territory now under the jurisdiction of the 
state of Illinois as lies north of a line drawn east and west through 
the southerly bend or extreme of Lake Michigan, beg leave to report: 

“‘That they have given these subjects a careful and attentive con- 
sideration. A majority of your committee are of opinion that as to 
the question of expediency in forming a state government, including 
the territory above alluded to now under the jurisdiction of [linois, 
the subject should be submitted to the people of Wisconsin, and by 
them decided. The right of forming a state government with that 
territory, when the population amounts to 60,000 or upwards, and 
claiming an admission into the Union, under the Ordinance of 1787, 
is one question; the expediency of doing it is another question. 

“‘Your committee do not propose to discuss the advantages or dis- 
advantages to be derived from annexing this territory to Wisconsin 
but believe that, when the question is submitted to the people, it will be 
by them discussed, understood, and properly decided. That a com- 
munity can surrender or give up rights secured to them by law will 
readily be admitted, but whether it is expedient or for the interest of 
the people of this territory to relinquish any rights they may have 
under the Ordinance of 1787 is for them to determine when the ques- 
tion is brought before them; and whatever may be the individual opin- 
ions of the committee on this subject, it cannot affect its ultimate de- 
cision. 

‘*As to the question of right in extending jurisdiction over this ter- 
ritory and making the same a part of the future state of Wisconsin, 
your committee have little difficulty in coming to a conclusion. The 
Ordinance of 1787 can be regarded in no other light than as a solemn 
compact entered into between the thirteen original states and the 
people and future state of Wisconsin in common with the people and 
states to be formed in the Northwestern Territory, as expressed in so 
many words in the ordinance itself, and Congress can no more repeal, 
impair, or affect any right secured under that compact by any enact- 


318 WISCONSIN HISTORICAL COLLECTIONS [oct. 29 


ment of theirs than they could repeal the plainest provision of the 
constitution itself. 

““To use the language of a distinguished statesman on the floor of 
Congress during the controversy between Ohio and the territory of 
Michigan, ‘It is a compact as binding as any that was ever ratified by 
God in heaven—it cannot be annulled—it is as firm as the world, and 
immutable as eternal justice.’ 

‘“‘The next inquiry then arises—Was the southern boundary of the 
two northern states fixed by the ordinance, or was it only a limit as 
to the extent of these states at the south, with a discretion left with 
Congress to fix this line at any point north of the southern bend or 
extreme of Lake Michigan? The following is the language of the or- 
dinance: ‘There shall be formed in the said territory not less than 
three, nor more than five states; and the boundaries of the states, as 
soon as Virginia shall alter her act of cession and consent to the same, 
shall become fixed and established as follows, to wit: The western 
states in said territory shall be bounded by the Mississippi, the Ohio, 
and Wabash rivers; a direct line drawn from the Wabash and Post 
Vincent due north to the territorial line between the United States 
and Canada, and by the said territorial line to the Lake of the Woods 
and Mississippi. The middle state shall be bounded by the said direct 
line; the Wabash from Post Vincent to the Ohio; by the Ohio; by a 
direct line drawn due north from the mouth of the Great Miami to 
the said territorial line; and by the said territorial line. The eastern 
state shall be bounded by the last mentioned direct line: Provided, 
however, and it is further understood and declared, That the boundaries 
of these three states shall be subject so far to be altered that if Con- 
gress shall hereafter find it expedient, they shall have authority to form 
one or two states in that part of said territory which lies north of an 
east and west line drawn through the southerly bend or extreme of 
Lake Michigan.’ 

““Your committee are aware that it has been contended by some that 
the proviso in the above article only limits the extent of the two north- 
ern states on the south; but, taken in connection with the whole con- 
text and object of the ordinance, we cannot conceive that such was the 
intention of the framers of that article, or is within the meaning and 
spirit of the language itself. 

‘“‘The boundaries of the western, middle, and eastern states are par- 
ticularly and definitely fixed, and the only discretion intended to be 
left with Congress was as to the formation of three or five states in the 
whole territory ; besides, in the express language of the proviso, if two 
northern states should be created, Congress should have authority to 
form them into that part of said territory north of an east and west 
line through the southern bend of Lake Michigan. Was it intended 
by the language that two states, however small, might be formed some- 
where north of this line, and that the balance of this northern tract, 
however large, might be attached to the three southern states; or is it 
the fair and proper construction of the language that the two northern 
states should be formed out of and comprise the whole of the territory 


1846] THE CONSTITUTION OF 1846 319 


north of this line? We cannot for a moment doubt that the latter was 
the intention and is the only fair construction of the language; other- 
wise it was useless to insert the provision at all so far as the boundary 
of the two northern states are concerned. 

‘This, however, is not a new question; and if the opinions of some 
of the ablest jurists in our country are to be regarded, we must con- 
sider the point settled. Chancellor Kent, in his opinion given on cer- 
tain points submitted to him by the governor of Michigan, ealls this 
proviso in the fifth article ‘a clear stipulation that an east and west 
line drawn through the southerly bend or extreme of Lake Michigan 
was to be the boundary line between the three states and any new state 
or states that might be formed north of that line, and that stipulation 
was binding until withdrawn by common consent.’ 

“(Tf this is the proper construction of that portion of the ordinance 
—and it seems to have been so well settled by high authority and the 
consent of public opinion that it cannot now be well controverted— 
then it is certain that no acts of Congress and no length of time that 
the state of Illinois may have exercised jurisdiction over this section 
of territory can at all affect the rights of the citizens residing within 
its limits. Four states having already been created in the Northwest- 
ern Territory, it is equally clear that when the population within the 
limits of the fifth shall amount to 60,000 that then under a plain pro- 
vision of the ordinance its citizens have a right to form a state govern- 
ment and demand an admission, ‘by its delegates, into the Congress 
of the United States, on an equal footing with the original states in all 
respects’; and that, too, without any previous action of Congress, pro- 
vided the state constitution and government are republican, and in con- 
formity with the principles of the ordinance. 

‘‘So far as the territory claimed by Illinois is concerned, the only 
question is one of expediency. Shall we relinquish our right to that 
territory, or shall we assert it? Let the people of Wisconsin decide. 

“‘Tf it is for the interest, prosperity, and happiness of all the inhab- 
itants north of the line established by the ordinance to be united to- 
gether in one government, then it is our duty to assert that right. If 
such should be the decision of the independent freemen of Wisconsin, 
our course is clear. Let us maintain that right at all hazards—unite 
in convention, form a state constitution, extend our jurisdiction over 
the disputed tract, if desired by the inhabitants there, and then, with 
legal right and immutable justice on our side, the moral or physical 
force of Illinois—of the whole Union—cannot make us retrace our. 
steps. 

““Whether the proper time has now arrived for forming a state gov- 
ernment is a question again upon which your committee are divided. 
If any considerable portion of our citizens, however, entertain that 
Opinion, we deem it a measure they have a right to ask, that the ques- 
tion should be submitted to the people. By the proceedings of a pub- 
lic meeting held at the capitol on the third instant and referred to your 
committee we are requested to make provision for that purpose. 


320 WISCONSIN HISTORICAL COLLECTIONS  [oct. 29 


“In accordance with these views, we submit to the Council a bill pro- 
viding for referring the question of forming a state government to the 
people at the next general election, and also a resolution recommending 
to the people of the territory under the jurisdiction of Illinois to hold 
an election at the same time on the question of uniting with us in form- 
ing a state government. 

D. A. J. UpHam, Chairman”’ 


Which was read the first and second times, referred to the committee 
of the whole, and ordered to be printed. 

Mr. Beall moved that 1,000 extra copies of the report and accom- 
panying documents be printed in pamphlet form for the use of this 
convention, which was agreed to. And the ayes and noes having been 
ealled for and ordered, those who voted in the affirmative were [affirm- 
ative 64, negative 29; for the vote see Appendix 1, roll call 46]. 

George B. Smith introduced the following resolutions, which were 
read, to wit: ‘‘Resolved, That no grant of money or land shall ever 
be made by this state to any theological institution whatever. 

“Resolved, That all laws and acts which may be pressed by the legis- 
lature of this state shall continue in force only for ten years, unless 
reénacted.”’ 

Mr. Holeombe introduced the following resolution, which was read 
to wit: ‘‘Resolved, That a select committee of five be appointed to in- 
quire into the expediency of dividing the territory of Wisconsin, and 
locating such line of division as shall equitably divide the same into 
two states.’’ 

The resolution introduced by Mr. Randall on yesterday was taken 
up, when Mr. Dennis moved that the same be laid upon the table, which 
was agreed to. 

No. 4. ‘‘Article on the militia,’’ was taken up and read the third 
time. And the question having been put on the passage of the said 
article, it was decided in the affirmative. And the ayes and noes hay- 
ing been called for and ordered, those who voted in the affirmative were 
[affirmative 67, negative 26; for the vote see Appendix I, roll eall 47]. 

So the article passed, and the title thereof was agreed to. 

The convention then resolved itself into the committee of the whole 
for the consideration of No. 6, ‘‘ Article on taxation, finance, and the 
public debt,’’ Nathaniel F. Hyer in the chair. And after some time 
spent therein, rose and by their chairman reported progress thereon, 
and asked leave to sit again thereon. Leave was granted. 

On motion of Charles E. Browne, the convention took a recess until 
two o’clock, P. M. 


Mr. N. F. Hyer was called to the chair and the committee 
took up the article on taxation; the question was on the adop- 
tion of the fifth section, which was carried. The question then 
recurred upon the adoption of the whole article as amended, 
which was also carried. . 


1846] THE CONSTITUTION OF 1846 321 


FINANCE 


The first and second sections were adopted without amend- 
ment and without discussion. 

Mr. J. A. Barber offered an amendment to the third section, 
providing for the publication of a detailed statement of all 
public moneys drawn from the treasurer, to whom paid and for 
what purpose, with the volume of laws passed by the next 
legislature after the same had been published in a newspaper; 
which was accepted, and the section was adopted. 

The fourth section was discussed at some length, and Messrs. 
H. Brown, Magone, and Tweedy severally offered amendments 
thereto. The question at issue was whether the state should 
be allowed to issue evidences of debt to circulate as money; 
and much was said about the treasurer and his agents buying 
up scrip at a depreciation of from 25 to 50 per cent and turn- 
ing it over to the state at its original value. The objection- 
able character of these issues was vividly set forth, and as 
ably sustained by Messrs. Tweedy, Noggle, Baker, and Ryan. 

Mr. Judd contended that it was advisable to permit the state 
to issue evidences of debt in cases of emergency. 

Mr. Baker offered an amendment to the effect that no evi- 
dence of debt should be issued by the state for a less sum than 
one hundred dollars, which he subsequently withdrew. 

John Y. Smith offered an amendment to the section, which 
no one could see the point or intention of, and it consequently 
fell by the unanimous vote of the committee, the one vote in 
the affirmative being that of the ‘‘gentleman from Dane,’’ who 
offered it. 

The question was then taken upon Mr. Park’s motion to 
strike out the whole section, which was lost. 

Mr. Hicks offered an amendment to strike out and insert, 
which likewise failed. 

The article as amended was then adopted, and the commit- 
tee rose and reported progress.—Express, Nov. 3, 1846. 


21 


322 WISCONSIN HISTORICAL COLLECTIONS  [oct. 29 


TWO O’CLOCK, P. M. 


The convention again resolved itself into committee of the whole for 
the consideration of No. 6, ‘‘ Article on taxation, finance, and the public 
debt,’’? and No. 5, ‘‘ Article relative to internal improvements,’’ Na- 
thaniel F. Hyer in the chair. And after some time spent therein, the 
committee rose and reported No. 6, ‘‘ Article on taxation, finance, and 
the public debt,’’ and No. 5, ‘‘Article relative to internal improve- 
ments,’’ back, with amendments to each. 

Mr. Ryan moved that the secretary be directed to make out a fair 
copy of article No. 6, as amended, which was agreed to. 

Mr. Prentiss asked leave of absence for Mr. Turner. Leave was 
granted. 

On motion of Mr. Judd the convention adjourned. 


TaxaTion, Finance, AND Pusiic Dest 


The committee of the whole again resumed its session on 
the article on these subjects, and the question being on finance 
Mr. J. A. Barber moved to add to the third section of the ar- 
ticle, which provides that the treasurer shall publish a detailed 
statement of all money drawn from the treasury during the 
preceding year, for what purpose, and to whom paid, the fol- 
lowing: ‘‘also, that the same be printed in the pamphlet laws.’’ 
The motion prevailed. 

Mr. Parks moved to strike out the fourth section of the ar- 
ticle, which provides that there shall not be any scrip, certifi- 
cate, or evidence of debt issued by the state, except as pro- 
vided for by the second and third sections of the article on 
public debt. He said he was willing to leave all this matter to 
the legislature of the state and had no idea that the state offi- 
cers would be as inefficient, if not derelict, as had been the 
officers of our present amphibious government. 

Mr. Judd was opposed to the issuance of all state scrip and 
all other issuance of paper money. 

Mr. Berry would vote for the retaining of the section, if he 
could be informed how he could be benefited by not having 
scrip for any debt the state might owe him. 

J. Y. Smith thought all might be accomplished by providing 
that the debts of one year should all be paid before the debts 
of a subsequent year were met. 


1846] THE CONSTITUTION OF 1846 323 


Mr. Judd was pleased with the suggestion and would vote 
for it if proposed to the article on finance. He did this the 
more readily because he wished to break down all chances at 
speculation by collectors and the treasurer. Such a practice 
he believed had prevailed in Wisconsin, and as a sample he 
would state that about the first thing he learned after coming 
to this town was that an individual having some territorial 
scrip and wishing to use the same was compelled to sell it to a 
Mr. Charles Larkin, a brother of the Treasurer, for ninety cents 
on the dollar. ; 

Mr. Tweedy moved to amend the section by inserting a pro- 
vision that scrip shall not be intended to circulate as money. 
On this amendment Messrs. Tweedy and Judd made some re- 
marks, when the motion was withdrawn. 

(Several other amendments were proposed, but rejected, and 
the section stands as reported.) 


Puszic Dest 


Mr. Ryan moved to amend the second section, which pre- 
vailed. (This amendment will appear on a comparison of the 
article, as reported, with the original.) 

A. H. Smith moved to strike out the second section. 

Mr. Ryan moved to amend the same, and the motion pre- 
vailed. 

The motion of Mr. Smith to strike out was then carried, and 
after adding two sections the report was laid aside to be re- 
ported.—Argus, Nov. 3, 1846. 

The committee then took up Article No. 5, the report of the 
committee on 


INTERNAL IMPROVEMENTS 


Mr. Hackett offered as an amendment to strike out all after 
the word ‘‘object,’’ which was adopted. 

George B. Smith then offered an amendment to the effect 
that the legislature shall never encourage internal improve- 
ments in any shape or manner whatever, and took the ground 
while advocating his amendment that internal improvements 


324 WISCONSIN HISTORICAL COLLECTIONS  [oct. 29 


were a curse to the state and community, instancing the state 
of New York as one of the states which had experienced the ill 
effects of the system. 

Messrs. Tweedy, Barber, and Boyd opposed the amendment. 

Mr. Dennis would suggest that gentlemen would not argue 
against the amendment, as it would not receive five votes in the 
committee. 

George B. Smith did not care how few votes it would receive; 
it contained his sincere views upon the subject, and he wished 
the vote taken upon it, which was done accordingly, and the 
only vote in the affirmative was that of the mover. 

The committee rose and reported back the article as 
amended.—E xpress, Nov. 3, 1846. 


1846] THE CONSTITUTION OF 1846 320 


Fripay, OcroBer 30, 1846 


Prayer by the Rev. Mr. Miner. 

The journal of yesterday was read. 

Mr. Bevans asked leave of absence for Messrs. Cruson and Vineyard. 
Leave was granted. 

Mr. Agry, from the committee on the executive of the state, reported 
No. 18, ‘‘ Article on the executive of the state.’’ 


‘‘The committee on the executive of the state report for adoption the 
following articles: 


EXECUTIVE 


‘Section 1. The executive power shall be vested in a governor, who 
shall hold office for two years; a lieutenant governor shall be elected 
at the same time and for the same term. 

‘“Section 2. No person, except a citizen of the United States and a 
qualified elector of this state, shall be eligible to the office of governor, 
or of lieutenant governor. 

‘Section 3. The governor and lieutenant governor shall be elected 
at the time and places of choosing members of the legislature. The per- 
sons respectively having the highest number of votes for governor and 
lieutenant governor shall be elected; but in case two or more shall 
have an equal and the highest number of votes for governor, or for 
lieutenant governor, the two houses of the legislature at its next annual 
session shall forthwith by joint ballot choose one of the said persons 
so having an equal and the highest number of votes for governor or 
lieutenant governor. The returns of election for governor and lieuten- 
ant governor shall be made in such manner as shall be prescribed by 
law. 

**Section 4. The governor shall be commander-in-chief of the mil- 
itary and naval forces of the state. He shall have power to convene 
the legislature on extraordinary occasions. He shall communicate by 
message to the legislature at every session the condition of the state 
and recommend such matters to them for their consideration as he 
shall judge expedient. He shall transact all necessary business with 
the officers of government, civil and military. He shall expedite all 
such measures as may be resolved upon by the legislature and shall 
take care that the laws are faithfully executed. 

“Section 5. The governor shall receive as a compensation for his 
services annually the sum of one thousand and five hundred dollars, to 
be paid in equal quarterly payments. 

**Section 6. The governor shall have power to grant reprieves and 
pardons after conviction for all offenses except treason and cases of 
impeachment. He may commute sentence of death to imprisonment 


326 WISCONSIN HISTORICAL COLLECTIONS  [ocet. 30 


in a state prison for life. He may grant pardons upon such conditions 
and with such restrictions and limitations as he may think proper. 

Upon convictions for treason he shall have power to suspend the sen- 
tence until the case shall be reported to the legislature at its next ses- 
sion. He shall communicate to the legislature by message each such 
case of reprieve, commutation, and pardon by him granted since the 
next previous session of the legislature, stating the name of the con- 
vict, the crime of which he was convicted, the sentence and its date, 
and the date and conditions of the commutation, pardon, or reprieve. 

“‘Section 7. In case of the impeachment of the governor, or his re- 
moval from office, death, inability from mental or physical disease, res- 
ignation, or absence from the state, the powers and duties of the office 
shall devolve upon the lieutenant governor for the residue of the term, 
or until the governor absent or impeached shall return or the disability 
shall cease. But when the governor shall with the consent of the leg- 
islature be out of the state in time of war, at the head of the military 
force thereof, he shall still continue commander-in-chief of all the mil- 
itary force of the state. 

‘‘Section 8. The lieutenant governor shall be president of the sen- 
ate, but shall have only a casting vote therein. If during a vacancy 
of the office of governor, the lieutenant governor shall be impeached, 
displaced, resign, die, or from mental or physical disease become in- 
capable of performing his duties, or be absent from the state, the sec- 
retary of state shall act as governor until the vacancy shall be filled or 
the disability shall cease. 

“Section 9. The lieutenant governor shall receive four dollars for 
every day’s attendance as president of the senate, and the same mile- 
age as shall be allowed to members of the legislature. 

“‘Section 10. The governor and lieutenant governor or either of 
them shall not, ex officio, or otherwise, hold any other office of trust, 
honor, profit, or emolument under this state or the United States, or 
any other state of the Union, or any foreign state or government. 

“‘Section 11. Every provision in the constitution and laws in rela- 
tion to the powers and duties of the governor and in relation to acts 
and duties to be performed by other officers or persons towards him 
shall be construed to extend to the person administering for the time 
being the government of the state. 

“Section 12. Every bill which shall have passed the legislature 
shall, before it becomes a law, be presented to the governor; if he ap- 
prove, he shall sign it, but if not, he shall return it with his objections 
to that house in which it shall have originated, who shall enter the ob- 
jections at large on their journal and proceed to reconsider it. If, 
after such reconsideration, two-thirds of the members present shall 
agree to pass the bill, it shall be sent, together with the objections, to 
the other house, by which it shall likewise be reconsidered and if ap- 
proved by two-thirds of the members present, it shall become a law. 
But in all cases the votes of both houses shall be determined by yeas 
and nays, and the names voting for and against the bill shall be en- 
tered on the journal of each house respectively. If any bill shall not 


1846] THE CONSTITUTION OF 1846 327 


be returned by the governor within three days (Sundays excepted ) 
after it shall have been presented to him, the same shall be a law, un- 
less the legislature shall, by their adjournment, prevent its return; 
in which case it shall not be a law.”’ 


ADMINISTRATIVE 


“‘Section 1. A secretary of state, a treasurer, an auditor, and an 
attorney general shall be elected at the times and places of choosing 
governor and lieutenant governor, and shall hold their offices for the 
term of two years. 

“Section 2. The secretary of state shall keep a fair record of the 
official acts of the legislative and executive departments of the state; 
and shall, when required, lay the same, and all matters relative there- 
to, before either branch of the legislature; and shall perform such other 
duties as shall be assigned him by law. He shall receive as a com- 
pensation for his services, yearly, the sum of twelve hundred dollars 
to be paid in equal quarterly payments. 

“‘Section 3. The powers and duties of the treasurer, auditor, and 
attorney general shall be prescribed by law. Each of said officers shall 
receive as a compensation for his services, yearly, the sum of one thou- 
sand dollars, to be paid in equal quarterly payments. 

“Section 4. No officer named in this article shall change, take, or 
receive to his own use any fees or perquisites in his office. The legis- 
lature shall not grant or allow to any such officer any extra compen- 
sation under any pretence or in any form whatever. 

**Section 5. Any qualified elector shall be eligible to either office 
ereated by this article. 

Respectfully submitted, 
Gro. REED, Chairman’’ 


Which was read the first and second times, referred to the committee 
of the whole, and ordered to be printed. 

Warren Chase, from the select committee to whom a resolution had 
been referred relative to the amount of real estate to be owned by one 
individual, made the following report: 


‘‘The committee to whom was referred the subject of limiting the 
amount of land which any individual shall own within this state have 
instructed me to report: 

‘‘That they believe the government traveling out of its legitimate 
duties when it establishes and fosters a system of exclusive ownership 
or jurisdiction of the soil. 

*“That they believe the earth to belong to all mankind, and that each 
has a natural right to life and to a place [in which] to live. 

““That they believe the system as now practiced by the United States 
government of selling land in unlimited quantities to individuals for 
speculative purposes to be not only wrong in principle, but very in- 
jurious in its operations upon the settlement of the western states and 
territories. 


328 WISCONSIN HISTORICAL COLLECTIONS  foct. 30 


““That they believe the settlement of this territory to be materially 
retarded by the large amount of lands owned by nonresidents to the 
exclusion of many landless citizens. 

“That they believe the government not protecting the best interest 
of the country by allowing individuals to purchase and hold real estate 
for purposes of speculation to the exclusion of actual settlers who want 
the same for purposes of cultivation. 

“‘Notwithstanding your committee entertain these opinions, yet they 
deem it inexpedient at this time to incorporate in the constitution a 
clause to limit the amount of real estate which any individual may hold 
within this state while the government of the United States is in the 
daily practice of selling lands within our borders to individuals in un- 
limited quantities. Your committee believe the reform should com- 
mence with the United States government in the sale of public lands 
and should then be carried out by this and other states in this [their] 
constitutions. We therefore report, recommending no article on the 
subject for adoption in this constitution.’’ 


The said report was accepted and the committee discharged from the 
further consideration of the subject. 

Mr. Judd, from the committee on taxation, finance, and the public 
debt, to whom was referred the resolution relative to the sale of spir- 
ituous liquors, reported No. 19, ‘‘Article relative to sale of spiritu- 
ous liquors in this state.’’ 


ARTICLE ON LICENSE 


“Section 1. The legislature shall have no power to pass any law 
granting license for the sale of spirituous liquors in this state.’’ 

Which was read the first and second times, referred to the com- 
mittee of the whole, and ordered to be printed. 

Warren Chase introduced the following resolution, which was read, 
to wit: ‘“Resolved, That the committee on miscellaneous provisions be 
instructed to report an article to prohibit any lease of agricultural 
lands for a longer time than years.”’ 

John Y. Smith introduced the following resolution, which was read, 
to wit: ‘‘Resolved, That the committee on miscellaneous provisions be 
and hereby are instructed to inquire into the expediency of providing 
in this constitution that the state shall be liable to civil actions in law 
and equity in the same manner as individual citizens.’’ 

The resolution No. 1., introduced by Geo. B. Smith on yesterday, was 
then taken up, when Mr. Magone moved that the same be referred to 
the committee on schools, which was agreed to. 

The resolution No. 2., introduced by George B. Smith, relative to 
the time that laws should continue in force without being reénacted, 
was taken up, when Asa Kinne moved that the same be laid upon the 
table, which was agreed to. 


The resolution introduced by the same gentleman that ‘‘all 
laws should continue in force only ten years, unless reénacted,’’ 


1846] THE CONSTITUTION OF 1846 _ 329 


was next taken up, and Mr. S. proceeded to explain his object 
in offering, and closed by hoping the resolution might ‘‘receive 
some discussion.’? On motion of Mr. Asa Kinne it was laid 
on the table without discussion—Ezpress, Nov. 3, 1846. 


The resolution introduced by Mr. Holcombe on yesterday was taken 
up and adopted. The President announced the appointment of the 
following committee, to whom said resolution was referred, to wit: 
Messrs. Holcombe, Baird, Magone, Whiteside, and Hackett. 

No. 6, ‘‘Article on finance, taxation, and the public debt,’’ was 
taken up. And the question being on concurring in the amendments 
reported by the committee of the whole, Mr. Judd called for a division 
of the question. And the question having been put on concurring in 
the fifth amendment of the committee of the whole, which was to strike 
out the first section of the article on taxation and insert the following: 
“‘Section 1. All taxes levied upon property in this state at any 
time shall be in equal ratio to the value thereof, as near as may be, and 
no capitation or other poll tax shall be levied for highway labor,”’’ it 
was decided in the affirmative. And the ayes and noes having been. 
ealled for and ordered, those who voted in the affirmative were [affirm- 
ative 63, negative 25; for the vote see Appendix I, roll call 48]. 

The second amendment of the committee of the whole, which was to 
strike out the second section of said article, was then concurred in. 

And the question having been put on concurring in the third amend- 
ment of the the committee of the whole,which was striking out the third 
section of said article, it was decided in the affirmative. And the ayes 
and noes having been called for and ordered, those who voted in the 
affirmative were [affirmative 50, negative 38; for the vote see Appen- 
dix I, roll call 49]. 

The fourth amendment of the committee of the whole, which was to 
insert after the word ‘‘state’’ in the fourth line of said article the 
words ‘‘established by law, and supported by any public school fund,”’ 
was concurred in. 

The question then being on concurring in the fifth amendment of 
the committee of the whole, which was to strike out all after the word 
‘“srounds’’ in the second line of fifth section, to the word ‘‘shall’’ in 
the same section, when Mr. Huebschmann moved to amend the amend- 
ment by inserting in the first line of section 5, after the word ‘‘God’’ 
the words ‘‘and all military halls and houses used by volunteer com- 
panies for training and military exercise.”’ 

And the question having been put, it was decided in the negative. 
And a division having been called for, there were 28 in the affirmative, 
negative not counted. 

Mr. Hazen moved to amend the fifth section as reported by the com- 
mittee of the whole by inserting after the word ‘‘occupied’’ in the first 
line thereof, the word ‘‘exclusively,’’ which was decided in the nega- 
tive. And a division having been called for, there were 30 in the 
affirmative and 45 in the negative. 


330 WISCONSIN HISTORICAL COLLECTIONS oct. 30 


A. Hyatt Smith moved to amend the report of the committee of the 
whole by inserting before the word ‘‘public’’ in the first line of the 
fifth section the word ‘‘free,’’ which was disagreed to. The amend- 
ment of the committee of the whole to the fifth section was then con- 
curred in. 

The second division of the said article, being article on finance, was 
then taken up, and the first and second amendments of the committee 
of the whole thereto were concurred in. 

The third division of the said article, being article on the public 
debt, was taken up, when Mr. Lovell moved to amend the amendment 
of the committee of the whole to the second section of the said article . 
by striking out the words ‘‘in time of wars to repel invasion, or to 
suppress insurrection or rebellion, the foregoing provisions of this se¢- 
tion shall not be in force,’’ which was agreed to. 

The amendment of the committee of the whole to said section as 
amended was then concurred in. 

The amendment of the committee of the whole to the third section 
of said article, which was to strike out the whole of the original section, 
was then taken up. And the question having been put on concurring 
in the said amendment, it was decided in the negative. And the ayes 
and noes having been called for and ordered, those who voted in the 
affirmative were [affirmative 43, negative 49; for the vote see Ap- 
pendix I, roll call 50]. 

Mr. Judd moved that the said vote be reconsidered. Mr. Hunkins 
moved that the said motion be laid on the table, which wag decided in 
the affirmative. And the ayes and noes having been called for and 
ordered, those who voted in the affirmative were [affirmative 50, nega- 
tive 42; for the vote see Appendix I, roll call 51]. 

The third amendment of the committee of the whole to said article 
was then taken up, which was to add a new section as follows: 

“‘On the final passage in either house of the legislature of [every] 
act which imposes, continues, or renews a tax, or creates a debt or 
charge, or makes, continues, or renews any appropriation of public or 
trust money or property, or releases, discharges, or commutes any claim 
or demand of the state, the question shall be taken by ayes and noes, 
which shall be duly entered on the journals, and three-fifths of all the 
members elected to either house shali in all such cases be necessary to 
constitute a quorum therein.’’ 

And the question having been put on concurring in the said amend- 
ment, it was decided in the affirmative. i 

The fourth amendment reported by the committee of the whole was 
then taken up, which was to add a new section as follows: 

‘Section —. The money arising from any loan made or debt and 
liability contracted shall be applied to the object specified in the act 
authorizing such debt or liability, and for no other purpose whatever.’’ 

And the question having been put on concurring in the said amend- 
ment, it was decided in the affirmative. 

The question having been taken on all of the amendments separately, 
and the whole report being before the convention and open for amend- 


1846] THE CONSTITUTION OF 1846 dol 


ment, Mr. Judd moved to amend by striking out the whole article on 
taxation. 

Mr. Ryan moved to amend by striking out the third section and 
inserting the following as a substitute therefor: ‘‘Section 3. The leg- 
islature shall have power to exempt from taxation all houses erected 
and occupied for the public worship of God and all public burying 
grounds and all property of the state.’’ 

Which was decided in the negative. And the ayes and noes having 
been called for and ordered, those who voted in the affirmative were 
[affirmative 24, negative 67; for the vote see Appendix I, roll call 52). 

John Y. Smith moved to amend the first section of said article by 
striking out all after the word ‘‘all’’ and inserting the following: 
““Taxes, excepting poll taxes for highway labor in the state, shall be 
levied upon property indiscriminately and shall be as nearly equal in 
proportion to the value thereof as may be: Provided, That the legis- 
lature shall have power to exempt from taxation such public property 
as they may deem expedient.’’ 

Mr. Goodell moved that the further consideration of said article be 
postponed until Tuesday next, and that it be made the special order 
of the day for that day, and be printed, which was disagreed to. 

The question then recurred on the amendment of John Y. Smith. 
And having been put, it was decided in the negative. 

Mr. Elmore moved that the convention adjourn, which was dis- 
agreed to. 

Mr. Magone moved that the further consideration of said article 
be postponed until two o’clock, P. M., which was [dis]agreed to. And 
a division having been called for, there were 32 in the affirmative, neg- 
ative not counted. 

Mr. Hays moved to amend the said article by striking out all after 
the first section, which was disagreed to. 

The question recurred on the motion of Mr. Judd to strike out the 
whole article. And having been put, it was decided in the affirmative. 
And the ayes and noes having been called for and ordered, those who 
voted in the affirmative were [affirmative 48, negative 37; for the vote 
see Appendix I, roll call 53]. 

On motion of Mr. Whiteside the convention took a recess until two 
o’clock, P. M. 


The convention then took up the report of the committee of 
the whole on article No. 6, on taxation, finance, and the public 
debt. 

The amendments to the original article adopted in com- 
mittee of the whole were taken up singly and underwent a close 
and discriminating scrutiny; many amendments to the amend- 
ments were offered, most of which failed, and some few adopted. 


332 WISCONSIN HISTORICAL COLLECTIONS oct. 30 


The ayes and noes were called on striking out the section in 
the article on taxation to exempt the property of the state from 
taxation and resulted in ayes 50, noes 38. 

The articles as amended were then taken up in their order, 
the whole being open to amendment. -The first was the article 
on taxation. 

Mr. Judd objected strenuously to the amendments which had 
been adopted, and, notwithstanding the peculiar position he 
stood [in] in relation to this article, felt impelled to move that 


the whole article be stricken out, and the matter left to future 


legislatures. 
Mr. Ryan had an amendment to the article, which took prece- 


dence over the motion to strike out the whole article. It was 


to strike out the fifth section of the article and insert another 
in its stead, which merely confirmed the power of the legisla- 
ture to exempt churches, state property, etc., from taxation. 
The amendment was lost—ayes 25, noes 65. 

The question was then taken upon Mr. Judd’s motion to 
strike out the whole article and was carried, ayes 48, noes 37. 

The convention adjourned to two o’clock.—E xpress, Nov. 3, 
1846. 


TWO O’CLOCK, P. M. 


Mr. Lovell moved to amend the first section of the article on public 
debt by inserting after the word ‘“‘except’’ the words ‘‘to defend the 
state in time of war, to repel invasion, or to suppress insurrection and 
rebellion, and,’’ which was agreed to. 

Mr. Gray moved to amend the third section by inserting after the 
word ‘‘therein’’ in the fifth line, the words ‘“‘Provided, That any debt 
so contracted shall not exceed in amount the value of all the lands that 
remain unsold, that has or may be appropriated by any act or acts of 
Congress for purposes of internal improvements in this state,’? which 
was decided in the affirmative. 

Mr. Ryan moved to amend the third section by inserting between 
the word ‘‘shall’’ and the word “‘at,’’ in the sixth line, the words, 
““have been passed by two successive legislatures, by a majority of all 
the members elected of each house, respectively, to be ascertained by 
yeas and nays, to be recorded on the journal of each house, nor until 
it shall.’’ 

Mr. Judd moved to amend the amendment by striking out all after 
the word ‘‘have’’ in the first line and inserting the words ‘‘pass two 
successive sessions of the legislature of this state, and shall have been 


1846] THE CONSTITUTION OF 1846 333 


submitted at a general election.’’ And the question having been put 
on the said amendment, it was decided in the negative. 

The question then recurred on the amendment of Mr. Ryan, and 
having been put, it was decided in the affirmative. 

And the ayes and noes having been called for and ordered, those who 
voted in the affirmative were [affirmative 61, negative 24; for the vote 
see Appendix J, roll call 54]. 

Mr. Ryan moved further to amend the third section by striking out 
the words ‘‘upon that subject’’ in the last line of the first paragraph 
and inserting instead thereof the following: 

‘‘Bvery law authorizing any public debt under this section shall es- 
tablish an annual tax sufficient to pay the interest of such debt, to be 
levied annually until such debt shall be discharged; and also a tax 
sufficient to pay the principal of such debt within twenty years; and 
specially appropriate such taxes to the payment of such principal and 
interest; and such appropriation shall not be repealed nor such taxes 
repealed, postponed, or diminished until such debt shall be wholly 
discharged.”’ 

And the question having been put, it was decided in the negative. 
- And the ayes and noes having been called for and ordered, those who 
voted in the affirmative were [affirmative 13, negative 75; for the vote 
see Appendix I, roll call 55}. 

Mr. Ryan moved further to amend the third section by striking out 
the words ‘‘upon that subject’’ in the last line of the first paragraph, 
which was decided in the negative. 

Mr. Elmore moved to amend the third section by striking out all 
after the word ‘‘state’’ where it first occurs in the section, which was 
decided in the negative. And the ayes and noes having been called 
for and ordered, those who voted in the affirmative were [affirmative 
43, negative 47; for the vote see Appendix I, roll call 56]. 

A. Hyatt Smith moved to amend by striking out the whole of the 
third section. 

Mr. Tweedy moved a call of the house, which was ordered, and 
Messrs. Agry, Bowker, Clark, Kern, Mills, [Phelps, Prentiss, Reed, and 
Soper reported absent. Messrs. Kern, Mills,] and Clark were excused 
from their attendance in the convention. Mr. Dennis moved that all 
further proceedings under the call be dispensed with, several of the 
absentees having appeared in their seats, which was decided in the 
affirmative. And a division having been called for, there were 43 in 
the affirmative and 34 in the negative. 

The question was then put on the amendment of A. Hyatt Smith 
and was decided in the negative. And the ayes and noes having been 
ealled for and ordered, those who voted in the affirmative were [affirma- 
tive 48, negative 51; for the vote see Appendix I, roll call 57]. 

Mr. Tweedy moved to amend the third section by inserting after the 
word ‘‘subject’”’ the words ‘‘provided that the aggregate of all debts 
so contracted for any object shall not at any time exceed the value of 
the lands appropriated for such object, then remaining unsold, esti- 
mating the same at one dollar per acre, and provided that the proceeds 


334 WISCONSIN HISTORICAL COLLECTIONS [Oct. 30 


of all such lands, when sold, shall be applied to the Payment of the 
debts so contracted.”’ 

Marshall M. Strong moved to amend the amendment by striking out 
the words ‘‘one dollar’’ and inserting the words “fifty cents’’ in lieu 
thereof. 

And the question having been put on the said amendment, it was 
decided in the negative. And the ayes and noes having been called for 
and ordered, those who voted in the affirmative were [affirmative 47, 
negative 49; for the votes see Appendix I, roll call 58]. 

Mr. O’Connor moved to amend the amendment by striking out the 
words ‘‘one dollar’’ and inserting the words “seventy-five cents’’ in 


Mr. Tweedy moved further to amend by adding the following addi- 
tional section, to wit: ‘‘Sec, — The avails of all lands which have been 


by Congress, and no portion of such property or fund, or of the reve- 
nues thereof, shall ever be loaned, borrowed, or used by this state for 
any other purpose whatever. 

And pending the question on said amendment, on motion of Mr. 
Steele the convention adjourned. 


1846] THE CONSTITUTION OF 1846 339 


SaTurpay, OctToBer 31, 1846 


Prayer by the Rev. Mr. McHugh. 

The journal of yesterday was read. 

A. Hyatt Smith presented the contract of A. A. Bird with the super- 
intendent of territorial property for preparing the room for the use 
of this convention, which was on his motion referred to the committee 
on the expenses of the convention. 


Mr. A. Hyatt Smith presented the account of A. A. Bird for 
repairs of the room occupied by the convention and stated 
that Mr. Bird had been obliged to pledge a large amount of 
personal property to obtain the requisite funds to complete his 
contract, which pledge would expire on the fifth day of Novem- 
ber, and petitioned that the account might be audited and paid 
previous to that day. Referred to committee on expenses.— 
Express, Nov. 3, 1846. 


The President laid before the convention the report of the clerk of 
the district court of Green County and the Secretary that of the clerk 
of the district court of Iowa County in answer to a resolution of this 
convention, which was read. 

Mr. Noggle introduced the following resolution, which was read, 
to wit: ‘‘Resolved, That the committee on education, schools, and 
school funds be instructed to report an article donating to the common 
school fund all the lands heretofore appropriated or hereafter to be 
appropriated and not otherwise disposed of by Congress by law.’’ 

Mr. Reed introduced the following resolution, which was read, to 
wit: ‘‘Resolved, That a select committee of five be appointed by the 
president to take into consideration the subject of any grant or grants 
of lands which have heretofore been or may hereafter be tendered or 
made to this state to aid in the construction of any work or works of 
internal improvements, and to report an article prescribing the pow- 
ers of the legislature upon the same.’’ 

Mr. Dennis asked that leave of absence be granted to Mr. Rogan, 
which was agreed to. 

Mr. Magone introduced the following resolution, which was read, to 
wit: ‘‘Resolved, That members who absent themselves without leave 
of absence or a reasonable excuse during the sitting of the convention 
“aa for each day so absent be fined in a sum not less than dol- 
ars. 

Resolution No. 1 of yesterday was then taken up, when Mr. Burchard 
moved that said resolution be indefinitely postponed. 


336 WISCONSIN HISTORICAL COLLECTIONS  [oct. 31 


Nathaniel F. Hyer moved that said resolution be referred to the 
committee on miscellaneous provisions not embraced in the subjects 
committed to other committees. 

The President decided that under the rules the last motion would be 
first in order. And the question having been put on said motion, it 
was decided in the affirmative. 

Resolution No. 2 of yesterday was then taken up and adopted. 

No. 6, ‘‘Article on taxation, finance, and the public debt,’’ was then 
taken up, when Mr. Ryan moved that the said article, together with 
Nos. 5 and 7, be referred to a special committee of seven, to report the 
same back with instructions to inquire into the expediency of remodel- 
ing the same on the following principles: 

First. Power to the legislature to pass special acts of incorporation 
for internal improvements. 

Second. The state to be restricted to such works of internal im- 
provements as grants are made in aid of, but no power to contract any 
debt or liability. 

Third. All lands not specially dedicated to be added to the school 
funds. 

Mr. Hicks moved that said articles be postponed until one week from 
Monday next, and that they be made the special order of the day for 
that day, which was disagreed to. 

Mr. Randall moved to amend the motion of Mr, Ryan by adding 
“‘and that said report be printed and made the special order of the day 
for Monday, the ninth day of November next.’’ 

Mr. Bevans moved to amend the amendment by striking out all after 
the word ‘‘printed,’’ which was agreed to. 

The question was then put on the adoption of the amendment as 
amended and was decided in the affirmative. 

The motion of Mr. Ryan as amended was then agreed to. 


The convention then took up for consideration the article on 
finance and public debt. 

Mr. Tweedy rose and said that this was a very important 
subject and required a careful investigation. There were 
some points that we were not now prepared to decide upon. 
Time for consideration and investigation was necessary. 
There were several amendments as well as his own pending, 
and many more that would be offered. It was not material to 
him whether it was postponed or referred to a select committee. 
He moved that the report with the amendments and the article 
on internal improvements be postponed and made the special 
- order of the day for ————— November. 

After some discussion the motion was withdrawn. 


1846] THE CONSTITUTION OF 1846 337 


Mr. Ryan, after some remarks in which he stated the 
unanimity of the convention on the leading principles that 
should be embodied in this article, moved its reference, to- 
gether with the report on municipal corporations, to a select 
committee with instructions.—Democrat, Nov. 7, 1846. 


Mr. Giddings, by leave, introduced the following resolution, which 
was read, to wit: ‘‘Resolved, That the following be inserted as an 
article or section in the constitution of this state: 

“That all moneys arising from the sale of the lands which have or 
may be given to this state for the purpose of internal improvements 
except such as are given for a specific purpose, and the five per centum 
arising from the sale of the public lands shall be apportioned by the 
legislature among the several counties in this state in the following 
manner, and no other: One-half thereof shall be distributed among 
the several counties, giving each county an equal sum, the other half 
to be distributed among the several counties in proportion to the pop- 
ulation therein, to be ascertained by the census last taken before such 
distribution, the moneys to be used by each county for internal im- 
provements therein in such manner as the inhabitants may direct.’’ 

Mr. Steele, from the committee on miscellaneous provisions, reported 
No. 20, ‘‘ Article to abolish death as a capital punishment.’’ ‘‘ Resolved, 
That taking life, either by hanging or otherwise, shall never be in- 
stituted as a mode of punishment for crime in this state.’’ 


“The committee to whom was referred the resolution relative to the 
death penalty as a capital punishment in the state of Wisconsin re- 
port and submit the following as some of the principal reasons which 
induce them to submit the article hereto annexed, as the result of their 
deliberations: 

““The subject of the death penalty as a capital punishment has been 
much mooted for several years past and is in the opinion of the com- 
mittee well understood by the community in general. We do not, 
therefore, propose to argue the question at length, but merely to state 
to this convention our united opinions in a short and succinct method. 

“It is a well-known fact that the death penalty is one of the last 
relics of the barbarous ages which is recognized by an enlightened com- 
munity in their institutions of government. Another fact too well 
established to admit of contradiction is that it falls with its blighting 
and crushing power as well upon the innocent as the guilty. 


‘“‘That being admitted, the question then is, Should a law be enacted 
or recognized which should in itself be unjust in its practical operation 
to an individual or should jeopardize the life of an innocent member 
of the community? It is a rule of divine law that it is better that 
ninety and nine guilty persons should escape rather than one innocent 
one should perish. Admitting then for the argument that the mur- 
derer deserves death, yet is it not better that he should not have meted 
out to him his full deserts, but that he should be restrained of his lib- 
erty, than that one innocent human being should be deprived of that 


22 


338 WISCONSIN HISTORICAL COLLECTIONS  [oct. 31 


which we cannot restore—of his life? That these and the like con- 
siderations have operated upon the minds of the community to a great 
extent cannot be denied, and that so forcibly that many actually guilty 
of the most heinous offenses which by the existing laws of the land 
are punishable with death are acquitted upon some trivial pretext, 
upon some collateral issue raised by the ingenuity of counsel, and are 
allowed to go at large in the community, an indisputable evidence to 
the vicious and evil minded that the greater the offense and the cor- 
responding punishment, the more sure are they to escape its penalties. 

‘‘It is urged that the murderer has forfeited his life by taking that 
of his fellow being, but in answer it can be asked, Is life to be re- 
stored to the murdered by taking that of the murderer? Or does any 
good accrue to the friends of the deceased? Or is community more 
certainly rid of him than if immured for life? 

‘“We are aware that nearly all convictions for murder are of neces- 
sity founded upon circumstantial evidence; and notwithstanding the 
great repugnance to convict, when death is the penalty, yet many cases 
have occurred where the circumstances are so strong and apparently 
conclusive that a conviction is not to be avoided (as the innocent will 
never resort to the plea of insanity, or any other of those frivolous 
pretexts to avoid conviction) when time shows clearly that the verdict 
was erroneous—that the convict was innocent, entirely innocent, when 
too late to avail him anything. He has suffered the death penalty, due 
by our laws only to the worst of felons. The uncertainty, then, of a 
conviction on account of collateral issues, where the evidence is clear 
and positive, and the uncertainty of the guilt of the convict upon cir- 
cumstantial evidence is conclusive to the minds of the committee that 
the death penalty should be abolished and forever discountenanced as 
a feature of our code of laws, and it is conceived likewise that execu- 
tions have a tendency to harden those who witness and participate in 
them rather than a beneficial tendency to overawe the commun- 
ity at the spectacle, and that habitual use to such sights but tends to 
render a person hard and callous and properly fitted for any crime. 
It is our opinion then that the end required by the community, the pro- 
tection of their lives from the hands of the murderer and the assassin, 
is more surely attained by the adoption of the article herewith sub- 
mitted than by the retention of the death penalty as a capital punish- 
ment, and that the terrors of a close and solitary confinement, without 
the hope of pardon, reprieve, or escape, will be the most effectual to 
restrain vice. : 

‘‘That the death penalty fails in this great object cannot be denied, 
and for proof we have but to look at any community, state, or coun- 
try where it is inflicted and see how frequently it is avoided, how to- 
tally disregarded, and how frequent the commission of capital crimes, 
the more so where the spectacle of a public execution is the oftenest 
presented. Holding these views and sincerely believing that the com- 


1846] THE CONSTITUTION OF 1846 339 


munity we represent hold corresponding opinions, we respectfully sub- 
mit the following article. 

E. Sreeize, Chairman 

J. D. Doty 

W. CHASE 

Davis BowENn 


“‘Section 1. Death as a penalty is forever prohibited within the lim- 
its of this state. 

“Section 2. The legislature shall in all cases where the death pen- 
alty is ordinarily inflicted impose, instead thereof, close and solitary 
confinement for life in the state’s prison, without the power of pardon, 
reprieve, or commutation. 

HK. Sreeize, Chairman 
J. D. Dory 
W. CuHase’’ 


Which was read the first and second times, referred to the commit- 
tee of the whole, and ordered printed. \ 

Mr. Ryan moved to adjourn, which was disagreed to. And the ayes 
and noes having been called for and ordered, those who voted in the 
affirmative were [affirmative 25, negative 63; for the vote see Appen- 
dix I, roll call 59]. 

Nathaniel F. Hyer moved that the convention adjourn, which was 
disagreed to. 

The convention then resolved itself into committee of the whole for 
the consideration of No. 8, ‘‘Article on amendments and revision,’’ 
John Y. Smith in the chair. And after some time spent therein the 
committee rose and by their chairman reported the said article back ' 
to the convention with amendments. 


In committee of the whole Mr. Ryan, with one word, of 
course, offered a verbal amendment to the report, which was 
adopted. 

W. RB. Smith offered an amendment to the effect that amend- 
ments to the constitution should be submitted to the people ‘‘in 
such manner as the legislature shall provide.’’ 

Mr. Magone moved that the committee rise and report the 
article back to the convention with the amendments adopted, 
observing that if the subject should be discussed in committee 
for a week, the whole would be again discussed in convention. 
The motion prevailed and the committee rose and reported.— 
Express, Nov. 3, 1846. k 


And the question being on concurring in the report of the committee, 
a division of the question was called for. And the question having 
been put on concurring in the first amendment reported by the com- 


340 WISCONSIN HISTORICAL COLLECTIONS [oct. 31 


mittee, which was to amend the first section by striking out the word 
‘‘thereon’’ in the ninth printed line, and inserting, instead, the words 
‘Cat such election,’’ it was decided in the negative. And the ayes and 
noes having been called for and ordered, those who voted in the affirm- 
ative were [affirmative 34, negative 51; for the vote see Appendix I, 
roll call 60]. é 

And the question having been put on concurring in the second amend- 
ment of the committee of the whole, which was to insert after the word 
““eleetion’’ in the seventh line of the printed bill the words ‘‘in such 
manner as the legislature shall prescribe,’’ it was decided in the affirm- 
ative. 

The report of the committee of the whole having been gone through 
with, and the whole article being before the convention and open for 
amendment, Mr. Randall moved to amend the first section by insert- 
ing after the word ‘‘legislature’’ in the second line of the printed bill 
the words, ‘‘once in every three years after the adoption of this con- 
stitution.’ 

Asa Kinne called for the previous question, which was seconded. 
And the question having been put, ‘‘Shall the main question be now 
put?’’ it was decided in the affirmative. 

The question was then put on the adoption of the amendment of Mr. 
Randall and was decided in the negative. The said article was then 
ordered to be engrossed for a third reading. 

The President announced the appointment of the following com- 
mittee, to whom articles Nos. 5, 6, and 7 had been referred, to wit: 
Hesse) Ryan, William R. Smith, Noggle, Tweedy, Parks, Berry, and 

oty. 


Mr. Randall asked leave, which was refused, to offer a res- 
olution, the purport of which was that the clerk of the supreme 
court should be called upon to administer an oath to each mem- 
ber of the convention to perform the duties for which they 
were elected to the exclusion of all mere personal feelings or 
prejudices, and also to support the Constitution of the United 
States.—Express, Nov. 3, 1846. 


Mr. Ryan moved that the convention adjourn, which was decided in 
the negative. And the ayes and noes having been called for and or- 
dered, those who voted in the affirmative were [affirmative 12, negative 
73; for the vote see Appendix I, roll call 61}. 

On motion of Mr. Edgerton the convention adjourned until two 
o’clock, P. M. 


TWO O’CLOCK P. M. 


William R. Smith, by leave, introduced the following resolution : 
‘Resolved, That certificates of mileage, signed by the president and 
attested by the secretary, be issued to each member of the convention ; 


1846] THE CONSTITUTION OF 1846 341 


and that the territorial treasurer be authorized to pay the same out of 
the fund appropriated by law for defraying the expenses of the con- 
vention, and on production of said certificates by the said treasurer the 
amount of the same shall be allowed to him as a credit against any 
moneys in his hands, appropriated as aforesaid, on the final adjustment 
of his accounts in relation to the said fund.’’ 

And the question having been put on the adoption of the said resolu- 
tion, it was decided in the affirmative. 

Mr. Dennis, from the committee on expenses, who were directed by a 
resolution of this convention to ascertain and report the amount due the 
members of the convention for mileage, made the following report: 


“‘The select committee on the expenses of the convention, to whom 
was referred the mileage of delegates, ask leave to make the following 
report and recommend that the following sums set opposite their re- 
spective names be allowed respectively for mileage, to wit:’’ [The state- 
ment of amounts allowed is omitted, as having no interest at this time. | 


Mr. Elmore moved that the mileage of Mr. Ellis, reported by the com- 
mittee at ‘‘100 miles,’’ be changed to ‘*80,’’ which was disagreed to. 

Mr. Elmore then moved that said report be indefinitely postponed, 
which was disagreed to. 

Mr. Phelps moved that no script [scrip] or evidence of mileage be 
issued to the absent members until they shall severally give in the 
number of miles they have traveled, which was disagreed to. 

The report of the committee was then adopted. 

The convention then resolved itself into committee of the whole for 
the consideration of the report, of the select committee relative to the 
collection of debts, Mr. Magone in the chair. And after some time spent 
therein rose and by their chairman reported the same back to the con- 
vention without amendment. 


ON ABOLISHING LAWS FOR THE COLLECTION 
OF DEBTS 


(Speech of Gen. John Crawford, in committee of the whole, October 31, 1846) 


Mr. Cuatrman: In supporting this report I may speak of 
lawyers; if so, I may be accused of making use of low and nasty 
language. I have no disposition to say anything against any 
individual, but in speaking of the profession some members of 
it may fly in my hair; if so I have a fine tooth comb and can 
separate them. 

In support of this report I beg leave to say that I have not 
been able to get hold of a comparative statement of the costs 
made or the amount of damage collected upon debts in any 


342 WISCONSIN HISTORICAL COLLECTIONS  [Oct. 31 


place—if I was able to procure such a statistical account of the 
United States, or of any of the separate states, or of this ter- 
ritory, I am certain it would astonish every member of this 
body. 

There was a motion made the other day by a gentleman from 
Dane the object of which was to procure the required informa- 
tion, but no sooner was the motion made than it was violently 
opposed by some of the professional gentlemen here, as useless 
information, attended with unnecessary expense—that the peo- 
ple did not need the information here sought. It was laid on 
the table. 

The motion or resolution above mentioned was again called 
up a few days after, but it no sooner came before the conven- 
tion than some of the practicing lawyers upon this floor 
mounted it roughshod. They were afraid to have the infor- 
mation required go before the people. On the final vote being 
taken the ayes and noes were called for and there were but a 
very few of the professional gentlemen belonging to this Tad- 
pole party, as I shall call it, that had the courage to oppose it 
when they found their votes were to be recorded on the journal. 

In their opposition to that I was not disappointed. I ex- 
pected it from that source, for their business is to keep the peo- 
ple in the dark respecting that important information. It is 
for their interest to do so. 

I remember, sir, when the laws of the state of New York 
would for a debt of twenty-five cents or any small debt throw 
a poor debtor into jail and incarcerate his body in prison, a 
measure that was urged on and encouraged by the profession 
of the law. But, sir, the story is not yet half told; there was 
no provision made to furnish that man with anything to sub- 
sist on. However strange that may appear I call upon gentle- 
men of the profession here, that are learned in the law, to deny 
the fact. The same gentlemen, or gentlemen of the same pro- 
fession, that were feasting upon that ‘‘glorious law,’’ as they 
called it, were violently opposed to its repeal, and now are pro- 
claiming long and loud upon this floor in favor of pains and 
penalties, and denouncing me and every other man that sees 
fit to act as he pleases (a privilege he has) as ‘‘softs,’’ ‘‘tad- 


1846] THE CONSTITUTION OF 1846 343 


poles,’’ and many other names, not ‘‘hard’’ ones, for they re- 
serve that name to themselves. 

That hard law before mentioned was repealed or modified 
at last, but not until the farmers and mechanics and hard-fisted 
democracy raised their voices against it and were powerful 
enough to put their feet upon the necks of those professors 
themselves (whom I eall ‘‘tadpoles’’), and have held them in 
the mud ever since. But, sir, I discover they are amphibious, 
for they are showing their heads now upon this floor. 

On the final passage of this article I shall call for the ayes 
and noes—I will see who is hard and who is soft—I will see who 
comes up to the scratch. Any gentlemen that will oppose this 
article ought to be called ‘‘hard.’? We will see who practices 
what he professes. 

After that law was modified the poor debtor was allowed a 
certain piece of ground to walk over; and I am happy to say 
that the time did arrive, some fifteen or twenty years ago, in 
the same state, that the nonimprisonment law was passed. 

And where did we find these same ‘‘tadpoles’’ then? Why, 
sir, they struggled and kicked and made the mud fly wonder- 
fully, but their nature was such they did not die. 

They may call me a ‘‘soft,’’ a ‘‘tadpole,’’ a ‘‘crawfish,’’ an 
“old hunker,’’ a ‘‘barnburner,’’ or, if they please, a ‘‘saw- 
mill’’; it will make no difference with me; it will not swerve 
me from doing what I believe to be my duty to my constituents. 
I dislike, Mr. Chairman, to hear professed Democrats upon 
this floor, of five years old, denounce me as a “‘soft.’’ Sir, I 
defy any gentleman upon the floor of this house to put a finger 
upon a spot upon my political character but what is Demo- 
cratic. If they can, I will call it a grease spot, and any new- 
born Democrat may take this last remark to himself if he 
pleases. I came here, sir, to help form a constitution for the 
people—the whole people, and nothing but the people—Whigs 
and all, although I do not expect the Whigs will accept of my 
labor. That will make no difference with me in doing my duty. 
I did not come here, sir, to get myself transmogrified from a 
member of this convention to a United States senator, or a 
supreme judge, or any other such kind of an animal. I don’t 


344 WISCONSIN HISTORICAL COLLECTIONS [oct. 31 


understand the operation and have no disposition to learn, al- 
though I have learnt some of the first principles of it since I 
have been here. I am the man, sir, that is ready and proud to 
stand in my place upon this floor and advocate any measure 
that I consider highly beneficial to the honest poor man, and 
if this article is engrafted in the constitution I am certain it 
will operate in his favor. 

Now, sir, in support of this report I have to remark that I 
would ask any gentleman upon this floor (if there are any 
such) who penetrated the western country ahead of the law, 
whether they did or did not do business to a better advantage 
and with less loss to themselves than they did after the law 
overtook them. 

And again, sir, it is said by some that if a poor man should 
come into town with a large family, very destitute, if this ar- 
ticle should be adopted, he could not possibly get any assist- 
ance for his family, although they should be nearly suffering. 

Of them I would ask if that poor man could get accommoda- 
tions any sooner if there was a law to compel him to pay than 
he could if there was none? 

And I would again ask those gentlemen who settled in this 
territory before there was any law (for I believe there are 
some such) if they ever knew a poor man, with or without a 
family, who was suffering for assistance, whom they would not 
credit as soon before the law overtook them as they would 
after they had a law to compel that man to pay. 

I find, sir, that our laws are growing more liberal every year. 
The tyrannical law above cited, of imprisonment for debt, was 
followed by the nonimprisonment law in that state and many 
others, and laws are enacted almost every year in some of the 
states extending the exemption of property of the poor un- 
fortunate debtor from that barbarous practice, execution. 
This last word reminds me of what an old friend of mine once 
said when asked what word impressed the hardest upon his 
mind of any he ever heard uttered. His answer was—‘‘for the 
want thereof take the body.’’ That was the language of exe- 
cutions once in that state—New York—but thank God, it is not 
so now. I say, ‘‘Thank God!’’ but not the professors of the 


1846] THE CONSTITUTION OF 1846 345 


law! Sir, I care not how severe laws we have to operate 
against the fraudulent debtor; but the action should be for 
fraud. I am not for abolishing laws of that nature. There is 
not distinction enough by our present laws between the honest 
and fraudulent debtor. 

There was a move made in this body the other day by one 
of the pains and penalties or high-pressure-system gentlemen 
to gag down many members of this house by limiting the 
debate to a certain day and hour upon the suffrage article, 
they being a little more ready to speak than others; the object, 
as it appeared to me, was to get the floor and talk until the 
specified time had arrived, and then the common sense gentle- 
men of this convention would be debarred from speaking upon 
that important article. You might infer from this, Mr. Chair- 
man, that those high-pressure gentlemen had not common 
sense. That question I will leave for the rest of the members 
of the convention to decide upon. 

Those high-pressure, self-styled Democrats whom I have 
ealled ‘‘tadpoles’’—I beg pardon, for the name did not origin- 
ate with me—I see they have been blowing off steam, and craw- 
fish in regard to pains and penalties, and it was a very wise 
operation, for if they had not, I think they might have burst 
their boilers. 

If this article is engrafted in the constitution, it will have a 
tendency to check the credit system, which, as I said the other 
day, is a curse to the debtor and creditor both. 

My views upon this subject are if a man can get credit as 
much as he pleases, there is many a man that will get in debt 
for many articles that he could get along very well without. 
For instance he would run in debt for a purse when he had not 
one cent to put in it. There is another thing, Mr. Chairman, 
in favor of this article. If a wealthy man having a great many 
men indebted to him should be a candidate for office, which 
often happens, many of these men would dislike to oppose their 
creditor, although their feelings would teach them to do so. 
I that manner the credit system corrupts the ballot box. 

It has been argued upon this floor by professors of the law, 
too (for no other gentleman can get a chance to say much), that 


346 WISCONSIN HISTORICAL COLLECTIONS  [oct. 31 


the viva voce system of voting was bad in this particular— 
where a man of wealth and doing a large business had in his 
employ a great many poor laborers, they would not vote with 
that independence which they would if they could vote by bal- 
lot. The same argument would apply equally strong against 
the credit system, and I think with greater force. 

When the nonimprisonment law was passed in the state of 
New York, the excitement was far greater among the profes- 
sors of the law than it is now respecting the report. They rang 
the alarm bells from one end of the country to the other, pro- 
claiming that the country was ruined, and would never recover 
from the shock; and you hear the same croakings now against 
this report from the same quarter. It is surprising, Mr. Chair- 
man, to witness the march of mind in our favored country 
toward liberal principles—for the relief of the honest poor 
man and equal rights. 

You will notice that I have arrayed the profession generally 
against the principles here advocated by me; but I think there 
should be some exceptions, for there are many amongst them 
that profess to be friendly to liberal principles but I fear they 
have some demagogism about them. To show the march of 
liberal principles, I do not believe there is now a gentleman 
upon this floor that would wish to see the old law of imprison- 
ment for debt established again; and in my mind the principle 
here advocated by me will do as much good and be as favor- 
ably thought of in twenty years from this time as the nonim- 
prisonment law is now. But then I shall most likely be no 
more, if I die in any kind of season. But I fear, sir, that I am 
trespassing upon the patience of the committee. 

(Cries of ‘‘Go on—Go on,’’ from all sides of the house. ) 

Although I am digressing from the subject, allow me to say, 
I do most sincerely believe, that if we had not more than half 
as many lawyers in this convention as there are we should 
progress with our business a great deal faster than we now do, 
and we should do it full as well. We want a plain, com- 
mon sense constitution, and we have plenty of men in this hon- 
orable body that are capable of framing just such a consti- 
tution as the people want without having lawyers rising here in 


1846] THE CONSTITUTION OF 1846 347 


their places and talking day after day for buncombe and trying 
to instruct us how to act. I may be wrong, but it does most 
certainly look to me as though they wished to make the instru- 
ment as complicated as possible; and further, these same gen- 
tlemen or some of them consume a great deal of time almost 
every day in discussing questions of order—they understand- 
ing parliamentary usages better than some of us, although they 
disagree among themselves. And again, I must say I cannot 
but believe that these same gentlemen have a design to pro- 
erastinate the business of our session and throw many ob- 
stacles in our way and at the same time proclaim to the world 
that they wish to have a short session. I claim the right to 
speak my mind upon this floor. This will not apply to anyone 
unless it fits. I have no right, Mr. Chairman, nor have I any 
desire to gag any men or set of men; but when I see gentlemen 
here arguing questions over and over again and recapitulating 
the same language, if I cannot question their right, I claim the 
privilege of saying that they are trespassing upon my constitu- 
ents, and I think they will not thank them for it, and I know I 
shall not. I have no desire to make myself conspicuous nor 
ridiculous upon this floor, but I most certainly have a desire 
to bring our labors to a close as soon as we can, without any 
unnecessary delay. My constituents expect it. I have no desire 
to impute any bad motives to any gentlemen, but it is my strong 
conviction that there is an undercurrent moving here from 
which there will flow no good to my constituents or the com- 
munity at large. [hope Iam wrong. Some gentlemen in their 
arguments travel across the Atlantic to get information to 
instruct us how to frame our constitution. Sir, I want no 
advice or any instruction from any king, prince, or potentate of 
the earth to teach me how to form a constitution for this state. 
We can make one for ourselves, and if it is not a good one, I 
have no desire to blame any crowned head for it. Thanks to 
our forefathers, we have no crowned heads nor lords in this 
country except the Lord God. 

I was conversing a few days since with a sheriff of a county 
in this territory, who told me that he knew positively that the 
costs of collecting debts in his county in the courts of record 


348 WISCONSIN HISTORICAL COLLECTIONS  foct. 31 


for the past year was over four times as much as judgments 
recovered for damage, and the most of that could not be col- 
lected on execution. That, sir, is a fine picture to look at—a 
fine business for people to feast upon who are determined to 
get a living without work. And I firmly believe that there is 
not a gentleman in this room but would say, if he would speak 
his mind, that the collection laws, when used by them, were a 
damage to them. 

Mr. Chairman, if in speaking of lawyers I am to be accused 
of descending to low epithets, the fault is not with me ; | have 
to descend to low grounds to reach the object of my search. 
The other names that I have stooped to did not originate with 
me, however low they may appear. I learned them from gentle- 
men upon this floor who profess not to stoop to low epithets. 

In conclusion, if gentlemen view this report as I do, I am 
certain they will give it their hearty support. I have got 
through. 


Mr. Hunkins said that as it was usual in legislative bodies 
on the death of a member to adjourn in respect to the deceased, 
and as several of the members had just been laid out, he moved 
that the committee rise for the purpose of adjourning the con- 
vention.—Democrat, Nov. 7, 1846. 


Mr. Elmore moved that said report be made the special order of the 
day for next Saturday afternoon, which was decided in the affirmative. 
And a division having been called for, there were 39 in the affirmative 
and 27 in the negative. 

Mr. Hunkins moved that the convention adjourn, which was decided 
in the negative. And the ayes and noes having been called for and or- 
dered, those who voted in the affirmative were [affirmative 26, negative 
56; for the vote see Appendix I, roll eall 62]. 

Mr. Magone presented the account of J. Gillet Knapp for money ad- 
vanced for lumber to repair the convention chamber, which was on his 
motion referred to the ccmmittee on the expenses of the convention. 

On motion, the convention adjourned. 


1846] THE CONSTITUTION OF 1846 349 


Monpay, NovEMBER 2, 1846 


Prayer by the Rev. Mr. Miner. 

The journal of yesterday was read. 

Mr. Dennis moved to amend the report of the committee on mileage 
of members by striking out the number ‘‘100’’ in the mileage allowed 
to Mr. Wilson, and inserting ‘‘137,’’ which was agreed to. 

Leave of absence was asked for and granted to members of this con- 
vention as follows: by Marshall M. Strong, for Messrs. Parsons and 
Kellogg; by Mr. Parks, for Mr. Reed; by Mr. Parkinson, for Mr. Burn- 
side. 

Mr. Phelps presented the account of Darwin Clark for desks fur- 
nished for the use of this convention, which on his motion was referred 
to the committee on the expenses of this convention. 

Marshall M. Strong, from the committee on engrossment, eepced 
No. 8. ‘‘ Article on amendments and revision,’’ as correctly engrossed. 

Moses M. Strong introduced the following resolution, to wit: ‘“Re- 
solved, That a committee of five be appointed to inquire and report the 
rate of compensation suitable to be allowed and paid to the several offi- 
cers of this convention.’ And the rules having been first suspended 
for that purpose, the said resolution was taken up and adopted. 

The President announced the appointment of the following committee 
under said resolution, to wit: Messrs. Moses M. Strong, Wm. M. Dennis, 
A. Hyatt Smith, Sewell Smith, and Phelps. 

Mr. Hackett introduced the following resolution, which was read, 
to wit: ‘‘Resolved, That each member of this convention shall be en- 
titled to a per diem allowance for the number of days only that he may 
be actually in attendance at the capitol.’’ 

Mr. Meeker introduced the following resolution which was read, to 
wit: ‘‘Resolved, That the treasurer be directed to pay the individual 
members of this convention their per diem allowance, at such times as 
they may call for it, not exceeding in amount what may be due at the 
time called for, he taking a receipt for the amount paid; such receipt 
shall be a voucher for the treasurer in the settlement of his accounts.”’ 

Mr. Randall introduced the following resolution, which was read, to 
wit: ‘‘Resolved, That on Monday, the ninth day of November next, 
the clerk of the supreme court be called upon to administer an oath to 
each of the members of this convention, as follows: ‘You do solemnly 
swear that laying aside all personal and political preferences and preju- 
dices you will faithfully and impartially perform all the duties de- 
volving upon you as a member of this convention, and that you will 
support the Constitution of the United States.’ ’’ 

The resolution introduced on Saturday, relative to the common school 
fund, was taken up and adopted. 


350 WISCONSIN HISTORICAL COLLECTIONS | [nov. 2 


J. Allen Barber introduced the following resolution, which was read, 
to wit: ‘‘Resolved, That Monday, the twenty-third day of November, 
be agreed upon as the time for the final adjournment of this conven- 
tion.’’ 

Resolutions Nos. 2 and 4 of Saturday last were taken up, and on 
motion referred to the select committee to which articles Nos. 5, 6, 
and 7 were referred. 

Resolution No. 3 of Saturday last was taken up, when Mr. Magone 
asked and obtained leave to withdraw the same. 

No. 8, ‘‘Article on amendments and revision,’’ was taken up and 
read the third time, when Moses M. Strong moved that the said article 
be committed to the committee on amendments to the constitution with 
instructions to amend the first section so as to provide that before any 
amendments to the constitution shall be submitted to the people the 
same shall be agreed to by two-thirds of the members elected to each 
of the two houses of the legislature at two consecutive annual ses- 
sions.’ 


The article on amendments and revision was taken up and 
underwent its third reading. 

Moses M. Strong would delay the business of the convention 
by stating how he ‘‘should’’ have voted upon several articles 
which had been passed during his absence. He would have 
voted against that part of the article on internal improvements 
authorizing the state to contract any debt whatever. He would 
also have voted against the adoption of the article on the mi- 
litia. The article now under consideration made it too easy to 
amend the constitution, and he would have voted for striking 
out the first section of the article, and he now moved its recom- 
mittal to the committee who reported it, with directions to 
amend the first section, which motion was lost.—Ezpress, Nov. 
10, 1846. 


And the question having been put on said motion, it was decided in 
the negative. And the ayes and noes having been called for and or- 
dered, those who voted in the affirmative were [affirmative 20, nega- 
tive 68; for the vote see Appendix I, roll call 63]. 

And the question having been put on the passage of the said article, 
it was decided in the affirmative. And the ayes and noes having been 
called under the rule, those who voted in the affirmative were [ affirma- 
tive 73, negative 15; for the vote see Appendix I, roll call 64]. 

No. 10, ‘‘ Article on the constitution and organization of the legis- 
lature,’’ was then taken up, when Marshall M. Strong moved that the 
said article be referred to the same committee of the whole, to which 
the article to be reported by the committee ‘‘on the powers, duties, and 


1846] THE CONSTITUTION OF 1846 301 


restrictions of the legislature’’ will be referred, which was agreed to, 

The convention then resolved itself into committee of the whole for 
the consideration of No. 12, ‘‘Article on organization and officers of 
counties and towns and their powers and duties,’’ Moses M. Strong 
in the chair. And after some time spent therein the committee rose 
and reported the said article back to the convention with amendments. 


The first section was taken up and adopted without amend- 
ment. 

The second section was then taken up, and Messrs. A. Hyatt 
Smith and Baird offered amendments, which were. lost. 

Mr. Tweedy moved to strike out the portion of the section 
which specified to be chosen by the electors of the counties 
every two years, and insert ‘‘ All officers whose election or ap- 
pointment is not otherwise provided for in this constitution 
shall be chosen by the electors of the respective counties as 
often as once in every two years’’; which amendment carried. 
Mr. Hicks offered an amendment, which was to strike out the 
clause of the section which rendered sheriffs ineligible for the 
next two years after the termination of their office and argued 
that the people would thereby be prevented from electing to 
this office the man of their choice because he had already served 
them in the same capacity. 

General Smith and Mr. Randall opposed the resolution, and 
J. Allen Barber advocated it. 

Mr. Bevans moved, as an amendment, to provide that when 
the emoluments exceed $2,500 the excess should be paid into 
the county treasury, which was lost. 

Mr. Gibson offered an amendment, which was to strike out 
the whole section, and said if this section was so disposed of, 
the succeeding section would effect the object in view and leave 
the details to the legislature. The question on striking out was 
put and carried. 

Mr. Lovell then moved to supply the place of the section 
stricken out with the following: ‘‘The legislature may confer 
upon the several county boards such local legislative and ad- 
ministrative powers as they shall from time to time prescribe,”’ 
which was adopted. 


352 WISCONSIN HISTORICAL COLLECTIONS  [nov. 2 


On motion, the committee then rose and reported the article 
back to the convention with this alteration in the second sec- 
tion.— Express, Nov. 10, 1846. 


And the question having been put on concurring in the amendments 
reported by the committee of the whole, it was decided in the affirma- 
tive. 

Mr. Gray moved to amend the first section of the article by striking 
out the words ‘‘town and,’’ which was decided in the negative. And 
the ayes and noes having been called for and ordered, those who voted 
in the affirmative were [affirmative 18, negative 67; for the vote see 
Appendix I, roll eall 65]. 

Marshall M. Strong moved to amend the article by striking out the 
first section. And pending the question on said amendment, on mo- 
tion of Mr. Burchard the convention adjourned until two o’clock, P. M. 


TWO O’CLOCK, P. M. 


Mr. Dennis, from the committee on the expenses of the convention, 
by leave made the following report: 


““The committee on the expenses of the convention, to whom was re- 
ferred the claims of Augustus A. Bird for services in fitting up the 
room for the convention, ask leave to make the following report: 

““That they have had the same under consideration and recommend 
the adoption of the following resolution, to wit: ‘Resolved, That the 
sum of $500 be and the same is hereby appropriated to Augustus A. 
Bird as payment in full of a contract entered into between the super- 
intendent of territorial property and said Bird for fitting up the room 
for this convention; and that the treasurer of this territory be and 
he is hereby authorized and directed to pay the same.’ ”’ 


The report was accepted and the committee discharged from the 
further consideration of the subject. 

No. 12, ‘‘Article on the organization and officers of counties and 
towns, and their powers and duties,’’ was taken up, and the question 
having been put on the amendment of Marshall M. Strong, it was de- 
cided in the negative. And the ayes and noes having been ealled for 
and ordered, those who voted in the affirmative were [affirmative 17, 
negative 72; for the vote see Appendix I, roll call 66]. 


The motion of Marshall M. Strong to strike out the first see- 
tion was taken up and discussed at considerable length. The 
question at issue was, Shall we have a uniform system of county 
and township government, or a different system in operation 
in every county in the state? Mr. Baird ably and successfully 
(as will be seen) advocated the uniform system. 


1846] THE CONSTITUTION OF 1846 303 


Mr. Ryan would merely detain the convention long enough 
to say one word upon this subject. He would vote for retaining 
the section because it was a fixed fact that we were to have a 
uniform system, and inasmuch as such was a fixed fact, he 
wanted to see the fact fixed where it would stay fixed. 

The question was taken upon the motion to strike out, and it 
was rejected.—Ezpress, Nov. 10, 1846. 


Mr. Ryan moved to amend the second section by striking out all 
after the word ‘‘legislature’’ in the first line, and inserting as follows: 
*‘shall, as soon as convenient after the adoption of this constitu- 
tion, organize the several boards of supervisors of the several coun- 
ties so as to represent equal population as nearly as practicable, and 
shall confer upon the boards of supervisors exclusive legislative power 
to be exercised in such manner as the legislature shall prescribe on 
the subject of roads, bridges, dams, and the erection, division, and 
[boundaries] of towns within their counties; and the legislature shall 
have power from time to time to regulate the manner of exercising 
such legislative power.’’ 

Mr. Elmore moved to amend the amendment by striking out the 
words ‘‘so as to represent equal population as nearly as practicable,’’ 
which was decided in the affirmative. 

The question was then put upon the adoption of the amendment as 
amended, which was decided in the negative. 

William R. Smith moved to amend by adding to the third section the 
following: ‘‘Sheriffs shall be elected once in every two years, and as 
often as vacancies shall happen. They shall hold no other office dur- 
ing the term for which they were elected, and no person shall be eligible 
as sheriff for two successive terms.”’ 

And the question having been put on the adoption of said amend- 
ment, it was decided in the affirmative. 

Mr. Whiteside moved to amend the fourth section by striking out all 
after the word ‘‘election’’ in the third line, which was decided in the 
affirmative. 

Mr. Graham moved to amend by striking out all after section 2, 
and inserting the following: 

“Section 3. All county officers shall be elected by the people in 
the manner prescribed by law. Sheriffs shall be elected every two 
years; all other county officers, with the exception of the clerk of the 
circuit court, shall be elected annually. The sheriff shall hold no other 
office during the term for which he shall have been elected, and shall 
be ineligible to the office of sheriff for the term of two years next after 
the termination of his office. Sheriffs and such other county officers 
as may be prescribed by law shall give security for the faithful per- 
formance of the duties of their respective offices and may be required 
by increase or renew the same from time to time as provided for by 
aw. 


23 


304 WISCONSIN HISTORICAL COLLECTIONS _ [Nov. 2 — 


And the question having been put on the adoption of said amend- 
ment, it was decided in the affirmative. 

Mr. Graham then moved to amend by inserting the following as 
section 4: 

‘““Section 4. Wacancies in any county office may be filled by elec- 
tion or appointment, in the manner prescribed by law, and deputies 
may be appointed by county officers whenever authorized by law.” 

And the question having been put on concurring in said amendment, 
it was decided in the affirmative. 

Mr. Graham then moved further to amend by adding the following 
as section 5: 

“Section 5. No county shall be laid off or established hereafter, con- 
taining an area of less than 324 square miles, exclusive of any portion 
of Lake Michigan, Green Bay, or Lake Superior.”’ 

J. Allen Barber moved to amend the amendment by striking out the 
number 324, and inserting the number 576 in lieu thereof, which was 
disagreed to. Mr. Elmore moved that the vote on said last amendment 
be reconsidered, which was disagreed to. And a division having been 
called for, there were 22 in the affirmative and 37 in the negative. 

Warren Chase moved to amend the amendment by adding the fol- 
lowing proviso, to wit: ‘‘Provided, That the counties shall in no case 
be made responsible for the acts of their respective sheriffs,’’ which 
was decided in the negative. 

Horace Chase moved to amend the amendment by striking out all 
after the words ‘‘less than’’ and inserting the words ‘‘one Congres- 
sional township or fractional township.’’ And the question having 
been put on the adoption of the said amendment, it was decided in the 
negative. And the ayes and noes having been called for and ordered, 
those who voted in the affirmative were [affirmative 30, negative 53; 
for the vote see Appendix I, roll call 67]. 

Mr. Tweedy moved to amend the amendment by adding the follow- 
ing proviso, to wit: ‘‘Provided, That an incorporated city, containing 
as many as 20,000 inhabitants may be organized as a separate county,”’ 
which was agreed to. 

Mr. Clothier moved to amend the amendment by adding the follow- 
ing thereto, to wit: ‘‘And the legislature of this state shall not have 
power to alter or change the boundaries of the several counties and 
townships now organized, without first submitting such proposition 
to the qualified electors of such counties or townships as shall be af- 
fected by such alteration. The votes for and against such proposition 
shall be canvassed and returned in such manner as shall be provided 
by law.”’ 


And the question having been put on said amendment, it was decided 
in the negative. The question then recurred on the amendment of Mr. 
Graham as amended. And having been put, it was decided in the 
affirmative. _ 

Mr. Boyd moved that said article be committed to a select committee 
of five, of which Mr. Graham should be chairman, which was agreed to. 


1846] THE CONSTITUTION OF 1846 300 


The Chair then appointed Messrs. Graham, Tweedy, Steele, Wm. R. 
Smith, and P. A. R. Brace, said committee. 

Moses M. Strong, from the select committee appointed to inquire 
into the sums proper to be allowed to the several officers of this con- 
vention, by leave, made the [following] report: 


“‘The committee appointed to inquire and report the rate of com- 
pensation suitable to be allowed and paid to the several officers of ‘this 
convention respectfully report the following resolution: 

“Resolved, That there be allowed and paid to the officers of this con- 
vention the following compensation for their services, respectively, viz., 
To the president of the convention, in addition to his compensation as 
a member, the sum of two dollars per day. To the secretary, five dol- 
lars per day. To the assistant secretaries four dollars per day each. 
To the other officers of this convention two dollars and fifty cents per 
day each. 

“‘Resolved, That certificates be issued by the president to the several 
officers for the amount of compensation allowed by the foregoing reso- 
lution, in the same manner as certificates are issued for the compensa- 
tion of the members.’’ 


Mr. Magone moved that the rules be suspended, in order that said 
report and resolution might be taken up and acted upon now, which 
was decided in the negative, two-thirds not voting therefor. And the 
ayes and noes having been called for and ordered, those who voted in 
the affirmative were [affirmative 49, negative 41; for the vote see Ap- 
pendix I, roll call 68). 

On motion the convention adjourned. 


356 WISCONSIN HISTORICAL COLLECTIONS _ [Nov. 3 


Turspay, NovEMBER 3, 1846 


Prayer by the Rev. Mr. McHugh. 
The journal of yesterday was read and corrected. 
The following communication was received from the Treasurer, and 


read, to wit: 


TREASURER’S OFFICE, 
Mapison, W. T., November 2, 1846. 


Hon. D. A. J. Upham, 
President of the Convention. 

Sm: I have in my hands as treasurer of the territory of Wisconsin 
$10,000 applicable to the payment of the expenses of the convention now in 
session, which I am ready “to pay out” for that object “in such manner 
as the convention may provide.” 

Very respectfully, your ob’t serv’t, 
J. LARKIN, JR., 
Treasurer, W. T. 


Mr. Gray. moved that the convention take a recess for one hour, 
which was disagreed to. 

The resolution of Mr. Hackett, introduced on yesterday, relative to 
the per diem of members of this convention was taken up, when Mr. 
Dennis moved to amend the same by adding thereto the words, ‘‘or 
absent on leave of the convention.”’ 

Mr. Ryan moved a call of the convention, which was ordered, and 
Messrs. Beall, Fuller, Gibson, Gray, George B. Hall, Hazen, Hill, Hol- 
eombe, Patch, Parsons, Phelps, John Y. Smith, Marshall M. Strong, 
Moses M. Strong, and Whiteside were reported absent. 

The sergeant at arms was sent to notify the absentees that their at- 
tendance was required in the convention chamber. 

Garrett M. Fitzgerald was excused from his attendance in the con- 
vention. 

Warren Chase moved that the convention adjourn until two o’clock 
P. M., which was disagreed to. 

Mr. Judd moved that all further proceedings under the call be dis- 
pensed with. 

Mr. Gray moved that the convention adjourn for one hour, which 
was disagreed to. 

And the question having been put on the motion of Mr. Judd to 
suspend all further proceedings under the call of the house, it was de- 
cided in the negative. And the ayes and noes having been called for 
and ordered, those who voted in the affirmative were [affirmative 12, 
negative 71; for the vote see Appendix I, roll call 69]. 


1846] THE CONSTITUTION OF 1846 300 


A. Hyatt Smith moved to suspend all further proceedings under the 
call of the house, several absentees having appeared in their seats, 


which was agreed to. d 
The hour for the consideration of morning business having expired, 


Moses M. Strong moved that the rule be suspended in order that the 
[resolution] above mentioned might be finally acted upon now, which 


was agreed to. 
The question was then put on the amendment of Mr. Dennis and was 


decided in the negative. 
Wm. R. Smith moved to amend the resolution by striking out the 


word ‘‘two’’ before ‘‘dollars’’ and inserting ‘‘three’’ in lieu thereof, 


and by striking out the word ‘‘only.”’ 

Moses M. Strong demanded the previous question. 

Moses M. Strong moved a call of the house, which was ordered, and 
Messrs. Atwood, Beall, Boyd, Coxe, Dickinson, Hesk, Hunkins, Kern, 
Asa Kinne, Magone, Moore, O’Connor, Parsons, Phelps, Pierce, Ran- 
dall, Rankin, John Y. Smith, and Marshall M. Strong, reported absent. 

The sergeant at arms was sent to inform the absentees that their at- 
tendance was required in the convention chamber. And pending the 
report of the sergeant at arms, on motion of Mr. Berry the convention 
adjourned until two o’clock, P. M. 


Mr. Hackett presented the following: ‘‘ Resolved, That each 
member of this convention shall be entitled to a per diem allow- 
ance at two dollars per day for the number of days only that 
he may be actually in attendance at the capitol.”’ 

Mr. H. said that he did not believe a man ought to be paid 
for the time he was not in attendance here, but at home attend- 
ing on his own business. Such a man ought not to be paid. He 
had himself been absent at the commencement of the session, 
for which time he expected no pay. A suggestion had been made 
to pay the members three dollars per day; to this he objected, 
because it would be cited as a precedent by which the legislature 
would claim the right to increase their own pay; and because 
he did not believe this convention had the authority to increas? 
their pay; and because no man had come here with an expecta- 
tion of receiving any more than two dollars per day. 

Mr. Dennis moved an amendment which was adopted, by 
adding to the resolution ‘‘or [absent] on leave of the conven- 
tion.”’ 

Mr. Manahan spoke against the resolution at considerable 
length. 

Mr. W. R. Smith moved to strike out ‘‘two dollars’’ and in- 
sert ‘‘three dollars’’; also to strike out the word ‘‘only.’’ 


308 WISCONSIN HISTORICAL COLLECTIONS _ [nov. 3 


Mr. Noggle said there could be no question but that every 
man here came with a full understanding that they were to 
receive two dollars. Whether the legislature did right or wrong 
in limiting the amount of pay of members to two dollars a day, 
he much doubted. This convention was about to fix the rate of 
per diem of members of the legislature, and he had not yet 
heard anyone speak of a higher sum than two dollars. 

Mr. Moses M. Strong called the previous question, and was 
sustained, and the main question ordered, but before the ques- 
tion was taken the convention adjourned to two o’clock, P. M— 
Argus, Nov. 10, 1846. 


TWO O’CLOCK, P. M. 


The resolution in relation to the per diem of members was taken up. 
And the question having been put, ‘‘Shall the main question be now 
put?’’ it was decided in the negative. 


W. R. Smith addressed the convention in explanation of his 
amendment. He thought the legislature had no control over 
this convention in regard to the amount that its members should 
receive. The convention had overreached the law in electing 
the officers, which showed that the convention did not regard 
the law as restricting the action of the convention. He closed 
by asking leave to withdraw his amendment for the present. 
Leave was not granted. 

The question ‘‘Shall the main question be now put?’’ was 
decided in the negative; so the whole matter lies over till 
tomorrow.—Democrat, Nov. 7, 1846. 


Mr. Dennis, by leave, introduced the following resolution, and the 
rules having been first suspended for that purpose, the resolution was 
taken up, to wit: ‘‘Resolved, That the treasurer of the territory be 
directed to pay to each member of this convention who has been in at- 
tendance the sum of $50 towards his per diem compensation as a dele- 
gate. Also, the sum of $75, each, to the secretary and assistant secre- 
taries of the convention. Also, the sum of $50 to each of the remain- 
ing officers of the convention, to wit: the sergeant at arms, doorkeepers, 
Messengers, chaplains, and fireman, as part pay for their services. 
Also, the sum of $400 to Beriah Brown, printer of the convention, as 
part pay for his services as printer, and that the treasurer pay the fore- 
going items in preference to any other claim whatever.’’ 


1846] THE CONSTITUTION OF 1846 309 


Moses M. Strong moved to amend the resolution by inserting after 
the word ‘‘messengers’’ in the ninth line of the resolution the word 
‘‘chaplains,’’ which was agreed to. The resolution as amended was 
then adopted. 

Mr. Ryan, by leave, introduced the following resolution, to wit: 
‘Resolved, That the thirteenth standing rule be so altered that upon 
a call of the house being ordered the doors shall be closed and no mem- 
ber permitted to leave the room after the call is ordered until the re- 
port of the’sergeant at arms be received and acted upon, or further 
proceedings in the call be suspended.”’ 

And the rule having been first suspended for the purpose, Mr. Hyer 
moved to amend the resolution by inserting after the word ‘‘upon’’ in 
the last line but one the words, ‘‘and the question if any be pending, 
be taken,’’ which was agreed to. 

The resolution as amended was then adopted. And a division hav= 
ing been called for, there were 83 in the affirmative, negative not 
counted. 

A. Hyatt Smith moved that the rules be suspended in order that the 
resolution reported by the committee on expenses, allowing $500 to 
A. A. Bird, and the resolution relative to the per diem of the officers 
of this convention may be taken up and acted upon, which was agreed to. 

The resolution appropriating $500 to A. A. Bird was then taken up. 

And the question having been put on the adoption of the said reso- 
lution, it was decided in the affirmative. And the ayes and noes hay- 
ing been called for and ordered, those who voted in the affirmative 
— me 81, negative 13; for the vote see Appendix I, roll 
call 70]. 


Moses M. Strong and Ryan opposed any appropriation for 
the payment of this claim by the convention, inasmuch as it 
was authorized by the legislature, and they should provide for 
its payment. The territorial superintendents were empowered, 
to bind the legislature, but no such power exists in regard to 
this convention; they would therefore vote against the appro-* 
priation. ; 

Mr. George Hyer was in favor of dividing the funds now in 
the treasurer’s hands among the several claimants pro rata, 
and not to discharge one claim in full, and compel others to go 
without any. 

Messrs. John Y. Smith, Parkinson, and Noggle advocated the 
propriety of discharging this claim, and notwithstanding a 
most complete exposure of the ‘‘logrolling’’ of the claimant to 
bring the matter to a successful issue the appropriation was. 
earried.—Express, Nov. 10, 1846. 


360 WISCONSIN HISTORICAL COLLECTIONS _ [nov. 3 


The resolution relative to the per diem of officers was then taken up, 
when Moses M. Strong moved to amend said resolution by inserting 
after the word ‘‘convention’’ the words ‘‘including chaplains.’’ 

J. Allen Barber moved to amend the amendment by inserting after 
the word ‘‘such’’ the words ‘‘and that the chaplains be paid by volun- 
tary contributions: of the members.’’ And the question having been 
put on said amendment, it was decided in the negative. 

The question then recurred on Mr. Strong’s amendment. And hay- 
ing been put, it was decided in the affirmative. 

William R. Smith moved to amend the resolution by striking out the 
words ‘‘and fifty cents’’ in the last item to the officers of the eonven- 
tion. And the question having been put on said amendment, it was 
decided in the affirmative. And the ayes and noes having been called 
for and ordered, those who voted in the affirmative were [affirmative 78, 
negative 19; for the vote see Appendix I, roll call 71]. 

Mr. Parks moved further to amend the resolution by striking out the 
number ‘‘five’’ before ‘‘dollars,’’ in the per diem of the secretary, and 
inserting the number ‘‘four’’ in lieu thereof. . 

Marshall M. Strong moved that said resolution, together with the 
amendment, be laid on the table, which was disagreed to. 

Mr. Steele moved that the further consideration of said resolution 
be postponed until tomorrow, which was disagreed to. 

The question then recurred on the amendment of Mr. Parks. And 
having been put, it was decided in the affirmative. And the ayes and 
noes having been called for and ordered, those who voted in the affirm- 
ative were [affirmative 70, negative 26; for the vote see Appendix I, 
roll call 72]. 

Mr. Burchard moved that the convention adjourn, which was decided 
in the negative. 

Mr. Parks then moved further to amend the resolution by striking 
out the number ‘‘four’’ before ‘‘dollars’’ in the per diem of the assist- 
ant secretaries and inserting the number ‘‘three’’ in lieu thereof, which 
was decided in the affirmative. 

Mr. Parks then moved further to amend the resolution by inserting 
after the word ‘‘each’’ in the per diem of the assistant secretaries the 
words ‘‘for each day’s service,’’ which was decided in the affirmative. 

Mr. Bevans moved to amend the resolution by striking out all after 
the words ‘‘other officers of the convention’’ and inserting the follow- 
ing: ‘‘Excepting chaplains, $2.50 each, and to the chaplains $2.00 each 
for every day’s attendance upon this convention,’’ which was dis- 
agreed to. 

Mr. Phelps moved that said resolution be laid upon the table, which 
was disagreed to. 

Marshall M. Strong moved to amend the resolution by inserting the 
following proviso after the word ‘‘each’’ in the fifth paragraph, to 
wit: ‘‘Provided, That such chaplain shall be paid for those days only 
upon which he shall have attended upon the convention,’? which was 
decided in the affirmative. 


1846] THE CONSTITUTION OF 1846 361 


Mr. Ryan demanded the previous question, which was seconded. And 
the question having been put, ‘‘Shall the main question be [now] put ?”” 
it was decided in the affirmative. 

The question then recurred on the adoption of the resolution as 
amended. And having been put, it was decided in the affirmative. 
And the ayes and noes having been called for and ordered, those who 
voted in the affirmative were [affirmative 73, negative 24; for the vote 
see Appendix I, roll call 73]. 


The resolution affixing the rate of compensation for the off- 
cers was then taken up and proved a most fruitful subject of 
debate. There were some dozen or more amendments offered 
to the resolution, among which the following were the most im- 
portant, viz: 

To include chaplains in the list of officers who are allowed 
$2.50 per day, introduced by Moses M. Strong, and adopted. 

That the chaplains should be paid by the voluntary subscrip- 
tion of the members, introduced by J. Allen Barber, and re- 
jected. 

To reduce the compensation of the secretary to $4, that of the 
assistant secretaries to $3 for each day’s attendance, and other 
officers, including chaplains, $2.00 per day, introduced by Mr. 
Parks and adopted. 

The resolution being still further discussed, the previous 
question was called for and ordered; the question was then 
upon the adoption of the resolution as amended, and it was 
carried. 

The per diem allowed by the resolution is now—to the presi- 
dent (in addition to his regular pay) $2.00 per day; to the sec- 
retary, $4.00 per day; to the assistant secretaries, $3.00 for 
each day’s services; to other officers, including chaplains, $2.00 
for each day’s services.—Ezpress, Nov. 10, 1846. 


Moses M. Strong moved that the vote by which the convention re- 
fused to order the main question to be put, on the resolution relative 
to the per diem of members, be reconsidered, which was agreed to, when 
William R. Smith, by leave, withdrew his amendment to said resolution. 

Mr. Hays moved to amend the resolution by striking out all after the 
word ‘‘day’’ in the third line. And pending the question on said 
amendment, on motion of Warren Chase, the said resolution was in- 
definitely postponed. 

Marshall M. Strong, by leave, presented the account of E. B. Dean 
Jr. for stationery furnished for the use of the convention [which was 


362 WISCONSIN HISTORICAL COLLECTIONS _ [Nov. 3 


on his motion referred to the committee on the expenses of the con- 
vention}. 

Mr. Randall presented, by leave, the account of Messrs. Varney and 
Viall for plastering the convention chamber, which was on his motion 
referred to the committee on the expenses of the convention. 

George Hyer, by leave, introduced the following resolution, which 
was read and on motion of Mr. Dennis referred to the committee on 
the expenses of th convention, to wit: ‘‘Resolved, That the treasurer 
of the territory be instructed to pay S. Mills & Co., publishers of the 
Wisconsin Argus, $250, on account of newspapers furnished the con- 
vention.’’ 

Mr. Randall, by leave, introduced the following resolution, which 
was read to wit: ‘‘Resolved, That W. W. Treadway be paid out of the 
convention fund the sum of $10, in full for services as secretary pro 
tem of this convention.’’ 

Mr. Agry moved that the vote by which the convention adopted the 
resolution allowing A. A. Bird $500 for repairing the convention cham- 
_ ber be reconsidered. Moses M. Strong moved that the said resolution 
be laid on the table, which was agreed to. 

Mr. Hicks gave notice that on some future day he would move for a 
reconsideration of the vote by which the ‘‘article on banks and bank- 
ing’’ was passed. 

On motion of Mr. Magone the convention adjourned. 


1846] THE CONSTITUTION OF 1846 363 


WEDNESDAY, NOVEMBER 4, 1846 


Prayer by the Rev. Mr. Miner. 

On motion, the reading of the journal was dispensed with. 

Leave of absence was asked for and granted, as follows, to wit: By 
Mr. Magone for Messrs. Wilson and Toland; by Mr. Hunkins for Mr. 
Randall; by Mr. Edgerton for Mr. Parks; by Wm. R. Smith for Moses 
Meeker and Burchard. ¢ 

Mr. Hill presented the account of W. W. Wyman for papers fur- 
nished the members of this convention which was on his motion re- 
ferred to the committee on the expenses of the convention. 


Mr. Hill presented the account of Wm. W. Wyman for 
papers furnished the members of this convention to this date, 
amounting to $136.50, and moved its reference to the commit- 
tee on expenses. 

Moses M. Strong was opposed to receiving this claim until 
the editor of the Express had contradicted a lie in regard to 
him, contained in the paper of the current week, charging him 
with being indebted to the Wisconsin Insurance Company in 
the sum of $500. He wished the reporter for that paper to note 
particularly that he said it was a lie, and that any man who 
said such was the case was a liar. 

The account was (notwithstanding the above opposition) re- 
ferred to the committee on expenses. 


Horace Chase introduced the following resolution, which was read, 
to wit: ‘‘ Resolved, That the treasurer of the territory is instructed not 
to pay the second assistant secretary of this convention, Mr. McHugh, 
till a further order of this convention.’’ And the rules having been 
first suspended for that purpose, the said resolution was taken up and 
adopted. 

The resolution introduced by Mr. Meeker on Monday, relative to the 
payment of the per diem of members of the convention, was taken up, 
when Mr. Dennis moved that said resolution be laid on the table, which 
was agreed to. 

The resolution relative to the time for the adjournment of the con- 
vention was taken up, when Warren Chase moved to amend the resolu- 
tion by striking out the number ‘‘twenty-third’’ and inserting the num- 
ber ‘‘thirty’’ in lieu thereof. And pending the question on the said 
amendment, Mr. Judd moved to lay said resolution and amendment on 


364 WISCONSIN HISTORICAL COLLECTIONS _ [Nov. 4 


the table, which was decided in the affirmative. And the ayes and noes 
having been called for and ordered, those who voted in the affirmative 
were Heute 53, negative 27; for the vote see Appendix I, roll 
eall 74]. 

Moses M. Strong introduced the following resolution, which was read, 
to wit: ‘‘Resolved, That this convention will adjourn without day on 
Tuesday, the twenty-fourth day of November instant.’’ 


Mr. Judd moved to lay the resolution on the table. He did 
not believe the business of the convention would be expedited 
by the appointment of a certain day upon which they should 
adjourn. 


Moses M. Strong opposed the last motion and called for the 
ayes and noes in order to show the people who were in favor 
of expediting business and who opposed. 

The resolution was laid on the table. 

Moses M. Strong introduced the same resolution again, and 
gave notice that he should continue to offer it as often as laid 
on the table.-—E xpress, Nov. 10, 1846. 


The resolution requiring the members of this convention to be sworn 
was taken up, when Mr. Hunkins moved that the same be laid on the 
table, which was agreed to. 

The resolution allowing W. W. Treadway $10 for services as secre- 
tary pro tem was taken up, when Mr. Elmore moved to amend the same 
by striking out the number ‘‘ten’’ before ‘‘dollars’’ and inserting 
“‘eight’’ in lieu thereof, which was disagreed to. The said resolution 
was then adopted. 

Mr. Phelps presented the account of John T. Wilson for window 
latches and pulleys for the convention chamber, which was, on his mo- 
tion, referred to the committee on the expenses of the convention. 

No. 18, ‘‘ Article on the organization and functions of the judiciary,’’ 
was taken up, when Wm. R. Smith moved that said article be post- 
poned until one week from Monday next, and that it be made the 
special order of the day for that day. 

Moses M. Strong moved to amend the motion by striking out the 
words ‘‘one week from Monday next’’ and inserting the words ‘‘next 
Wednesday,’’ which was decided in the negative. And a division hay- 
ing being called for, there were 33 in the affirmative and 44 in the nega- 
tive. 

Moses M. Strong called for the ayes and noes, which were ordered. 
Those who voted in the affirmative were [affirmative 38, negative 52; 
for the vote see Appendix I, roll call 75]. 

Moses M. Strong moved to amend the motion by striking out the 
words ‘‘one week from,’’ which was decided in the negative. 


1846] THE CONSTITUTION OF 1846 365 


The question then recurred on the motion of Wm. R. Smith. And 
having been put, it was decided in the affirmative. And a division hav- 
ing been called for, there were 57 in the affirmative, negative not 
counted. 

The convention then resolved itself into committee of the whole for 
the consideration of No. 14, ‘‘Bill of rights,’’ Mr. Judd in the chair. 
And after some time spent therein the committee rose and reported 
progress and asked leave to sit again. Leave was granted. 

On motion of Mr. Baird the convention adjourned until two o’clock 
P.M 


Mr. Gray moved to strike out the syllable ‘‘in’’ so that the 
first section would read ‘‘ All men are born free and depend- 
ent,’’ etc., which was rejected. 

W. R. Smith moved to strike out the first section and insert 
a substitute, which was read and adopted. 

The third section was on motion of A. Hyatt Smith stricken 
out. . 

The fourth section gave rise to considerable debate. It read 
in the report ‘‘The liberty of the press is essential to the secur- 
ity of freedom, and it ought not therefore to be restrained in 
this state.’’ 

Amendments were offered and adopted to alter the last clause 
so as to read ‘‘and it shall not be restrained,’’ etc. 

Messrs. Marshall M. Strong and Tweedy denied the prin- 
ciple set up in this section and contended that it was proper 
and necessary to place some restraints upon the press in regard 
to licentiousness, libels, ete. Messrs. Lovell, Beall, and Mar- 
shall M. Strong severally offered amendments to the section, 
and a substitute offered by the last named gentleman was 
finally adopted. 

The fifth section, which reads in the original: ‘‘The legisla- 
ture shall make no law abridging the freedom of speech or the 
right of the people peaceably to assemble and to petition for 
a redress of grievances,’’ was very generally objected to as 
too indefinite. Several substitutes were proposed, and one, 
offered by Mr. Lovell, after being amended by Marshall M. 
Strong, was adopted. 

Mr. Agry offered a substitute for the sixth section, which was 
adopted. 


366 WISCONSIN HISTORICAL COLLECTIONS _ [nov. 4 


A. Hyatt Smith moved to strike out the seventh section, 
which was carried. The section read: ‘‘The legislature shall 
not possess or exercise any powers except such as are expressly 
granted by this constitution; and all power and authority not 
expressly granted by this constitution is reserved to the 
people.’’ 

The eighth section was also stricken out on motion of Mr. 
Bevans. 

General Crawford wished to make a few remarks, which noth- 
ing but the conduct of the house for the last two days could 
have drawn forth, and which he made in all sincerity, and he 
was sorry that there was not a full house to hear them. We 
are convened here as a body of men to frame a constitution, and 
have a very large majority of Democrats, and he would there- 
fore inquire who or what political party would be deemed 
responsible for the acts of the convention? We have a small 
minority of Whigs among us, and, although politically opposed 
to them, I am free to confess that so far as my observation of 
their acts goes, they are all honorable men and have no dispo- 
sition to place any stumbling block in our way to obstruct us 
in our business. But, sir, I do hope that the majority in this 
convention will take the subject into serious consideration, 
whether it is not best to go to work like men of judgment, press 
ahead with our business, and finish it up as we should do, so 
that when we return to our constituents and tell them how we 
have spent our time here they may say to us: ‘* Well done thou 
good and faithful servants.’? And I assure you, sir, and the 
gentlemen of this convention that my present opinion is that 
unless we pursue a different course from what we have done 
for the past two days we shall be so long in framing a consti- 
tution, and use so little judgment in doing so, that our Demo- 
cratic friends will reject it, and as that goes so goes our party. 
Therefore, I hope every Democrat in this body will calmly delib- 
erate upon this and consider what a responsibility rests upon 
him—his duty to his friends and the fate of his political party. 
They or we will have to answer for it. And further, sir, I hope 
the time will never arrive when we shall have the mortification 


1846] THE CONSTITUTION OF 1846 367 


to see any member of this convention come into this chamber 
fuddled and thereby obstruct our legitimate business. 

Mr. Tweedy objected to the ninth section as indefinite and 
imperfect, and moved that the whole section be stricken out, 
and offered two additional sections, to cover the ground more 
completely. 

The motion to strike out was carried, and the additional sec- 
tions gave rise to considerable discussion by Messrs. Tweedy, 
Ryan, and Marshall M. Strong. 

The ground of dispute was the right of trial by jury in civil 
eases, where the amount at issue is less than twenty dollars. 
Mr. Ryan was opposed to the principle of this proposition and 
the other gentlemen supported it. 

While the matter was under discussion, Moses M. Strong 
delivered a rather digressive speech which created considerable 
merriment among the members present. He also made sey- 
eral motions to rise and report, all of which were rejected. 

Marshall M. Strong took the floor in support of the substi- 
tutes offered and continued his remarks until the usual hour 
for adjournment arrived, when on motion of Mr. Ryan the 
committee rose and reported progress, and the convention 
adjourned to two o’clock, P. M.—Ezpress, Nov. 10, 1846. 


TWO O'CLOCK, P. M. 


The convention again resolved itself into committee of the whole for 
the further consideration of No. 14, ‘‘Bill of rights,’’ Mr. Judd in the 
chair. And after some time spent therein the committee rose and re- 
ported progress on said article, and asked leave to sit again thereon. 
Leave was granted. 

On motion of Asa Kinne the convention adjourned. 


The question pending was the substitutes for the ninth sec- 
tion offered by Mr. Tweedy, and an amendment proposed there- 
to, to strike out twenty dollars. 

Mr. Ryan took the floor in opposition to the substitutes and 
was answered by Marshall M. Strong in favor of them. 

The question was taken upon striking out twenty dollars, 
which was carried. 


368 WISCONSIN HISTORICAL COLLECTIONS _ [Nov. 4 


The question was taken upon the first section proposed to be 
substituted, and it was adopted as amended. The remaining 
substitute was then withdrawn in favor of one proposed to be 
offered by Mr. W. R. Smith to section 11. 

Mr. Bennett offered an additional section providing that no 
divorces should be granted by the legislature, which was 
adopted and numbered as section 8. 

W. R. Smith moved to strike out section 10 and insert a sub- 
stitute which he offered and which was adopted. 

W. R. Smith moved to strike out the eleventh section and 
insert a substitute, which was carried. The substitute here 
adopted was the same before offered and withdrawn by Mr. 
Tweedy. 

The twelfth section was stricken out and a substitute therefor 
adopted. 

Mr. Ryan proposed an amendment to the fourteenth section, 
to prohibit any law being made to impair the validity or remedy 
of contracts, which was discussed at great length. Messrs. 
Ryan, Tweedy, and Noggle supported the amendment, and 
Messrs. Steele, Barber, Beall, and George B. Smith opposed it. 

The section stood in the original, ‘‘No ex post facto law nor 
any law impairing the validity of contracts shall ever be made; 
and no conviction shall work corruption of blood or forfeiture 
of estate.’’ 

As amended and proposed to be amended, it reads, ‘‘No bill 
of attainder or ex post facto law nor any retroactive law im- 
pairing the validity of contracts shall ever be passed; and no 
conviction shall work corruption of blood or forfeiture of es- 
tate.”’ 

During the discussion upon Mr. Ryan’s amendment the com- 
mittee rose and reported progress, and the convention 
adjourned.—Express, Nov. 10, 1846. 


The convention then resolved itself into committee of the 
whole, Mr. Judd in the chair, on the bill of rights. 

The committee had the report under discussion the whole 
day. As usual the report was entirely changed by the amend- 
ments that were adopted. (We have not room for a particular 
report.) 


1846] THE CONSTITUTION OF 1846 369 


The most interesting and important discussion was on the 
fourteenth section of the report, which reads—‘‘No ex post 
_ facto law nor any law impairing the validity of contracts shall 
ever be made; and no conviction shall work corruption of blood 
or forfeiture of estate.’’ The section was so amended as to 
read—‘No bill of attainder nor ex post facto law nor any law 
impairing the validity of contracts shall ever be passed,”’’ etc., 
when Mr. Ryan moved to insert ‘‘retroactive’’ before the word 
*“law,’’ and ‘‘or remedy’’ after ‘‘validity’’ so that the clause 
would read ‘‘nor any retroactive law impairing the validity or 
remedy of contracts.’’ 

A long discussion was held on this amendment, Messrs. Ryan 
and Tweedy ably sustaining the amendment in several speeches. 
Some other gentlemen also sustained the amendment. Messrs. 
G. B. Smith, Beall, H. Barber, Steele, and some other gentle- 
men opposed it with ability. The question was pending when 
the committee rose. 

Mr. Magone gave notice that tomorrow he should move that 
the convention adjourn till the first Monday of December next. 
The convention then adjourned.—Democrat, Nov. 7, 1846. 


24 


370 WISCONSIN HISTORICAL COLLECTIONS  [Nov. 5 


THuRSDAY, NOVEMBER 5, 1846 


Prayer by the Rev. Mr. McHugh. 

The journal of yesterday was read. 

George Hyer presented the account of S. S. Keyes for chairs fur- 
nished the convention, which was on his motion referred to the com- 
mittee on the expenses of the convertion. 

‘Warren Chase introduced the following resolution, to wit: ‘‘Re- 
solved, That the following be added to the rules of the convention: 
There shall be no debate, nor any motion entertained after a motion 
has been put and the voting commenced, either by acclamation or 
otherwise, until the same is decided.’’ 

Mr. Baird introduced the following resolution, to wit: ‘‘Resolved, . 
That this convention will adjourn without day on Monday, the thir- 
tieth day of November instant.’’ 

The resolution introduced by Moses M. Strong, on yesterday, rela- 
tive to adjournment, was taken up, and on motion of Mr. Magone was 
laid on the table. 

Mr. Dennis, from the committee on the expenses of the convention, 
by leave made the following report: 

“Resolved, That there be allowed to E. B. Dean Jr. the sum of 
$900 for stationery furnished the convention, provided the said Dean 
receives the above amount as in full for his bill presented. 

*“To Darwin Clark $462.25, in full for 43 desks furnished the con- 
vention. 

““To Simeon Mills & Co., publishers of the Wisconsin Argus, $100, as 
part pay for newspapers furnished the convention. 

‘““To W. W. Wyman, publisher [of the] Madison Express, $100, as 
part pay for newspapers furnished the convention. 

‘“To Beriah Brown, publisher of the Democrat, $100 as part pay for 
newspapers furnished the convention.’’ 

““Resolved, That the treasurer of the territory be directed to pay the 
above appropriation[s] out of any funds in his possession which are 
subject to the control of this convention.’’ 

No. 14, ‘‘Bill of rights,’’ was taken up, when Mr. Bevans moved 
that the committee of the whole be discharged from the further con- 
sideration of the said article, and that it be referred to a select com- 
mittee of seven, which was disagreed to. 

The convention then resolved itself into committee of the whole for 
the further consideration of the said article, Mr. Judd in the chair. 
And after some time spent therein the committee rose and reported 
progress thereon and asked leave to sit again. Leave was granted. 

Mr. Magone moved that the convention do now adjourn until the 
first Monday of December next, which motion was on his motion laid 
on the table. 


1846] THE CONSTITUTION OF 1846 atl 


On motion of Mr. O’Connor the convention adjourned until two 
o’clock, P. M. 


TWO O’CLOCK, P. M. 


The convention again resolved itself into committee of the whole for 
the further consideration of No. 14, ‘‘Bill of rights,’’ Mr. Judd in the 
chair. And after some time spent therein the committee rose and re- 
ported the said article back to the convention with amendments. 

Nathaniel F. Hyer moved to amend the seventh amendment of the 
committee by adding thereto the following: ‘‘Nor shall witnesses be 
unreasonably detained; neither shall they be required to leave the 
county to give evidence in any civil cause.’’ And the question having 
been put on said amendment, it was decided in the negative. 

And the question being on concurring in the amendments reported 
by the committee of the whole, Moses M. Strong called for a division 
of the question. And the question having been put on each of the said 
amendments separately, they were severally adopted. 

Hiram Barber moved that said article be referred to a select com- 
mittee of five, to correct, arrange, and revise, and to report the same 
back to the [convention] in such revised form, together with such 
amendments as they shall deem expedient to have adopted and such 
additions, if any, as they may deem necessary, which was decided in 
the affirmative. And a division having been called for, there were 49 
in the affirmative, negative not counted. 

The President appointed the following persons the committee under 
said motion, to wit: Messrs. Bevans, Wm. R. Smith, N. F. Hyer, Hiram 
Barber, and A. Hyatt Smith. 

Moses M. Strong moved that the rules be suspended in order that 
the resolution introduced by Mr. Baird, this morning, relative to ad- 
journment, be now taken up and acted upon. And pending the ques- 
tion on said motion, Mr. Dennis moved that the convention adjourn, 
which was decided in the affirmative. And a division having been 
called for, there were 51 in the affirmative, negative not counted. The 
convention adjourned. 


The question pending was upon the amendment of Mr. Ryan 
to the fourteenth section to prohibit the legislature from pass- 
ing any law to impair the validity or ‘‘remedy’’ of contracts. 

The prolonged discussion of yesterday was continued upon 
the proposed introduction of the word ‘‘remedy’’ into the sec- 
tion. Messrs. Tweedy, Ryan, Mills, and Bevans ably and elo- 
quently advocated the amendment and argued that its intro- 
duction would render the section definite and comprehensive to 
all; whereas, as the section now read, it was a mere nullity and 
unless amended as proposed might better be stricken out. The 


372 WISCONSIN HISTORICAL COLLECTIONS _ [Nov. 5 


decision of Judge Baldwin of the Supreme Court of the United 
States in a case where the laws impairing the remedy of con- 
tracts was in question gave rise to a lengthened debate, as did 
also the comments on constitutional reform and on the new 
constitution of New Jersey, in the Democratic Review, where 
the section similar to the above, incorporated in the New Jer- 
sey constitution, is advocated and recommended to be adopted 
in the constitution of New York. 

Messrs. Steele, Manahan, G. B. Smith, and Marshall M. 
Strong opposed the amendment at great length and upon dif- 
ferent grounds. Mr. Manahan contended that it was calculated 
to oppress the poor man for the exclusive benefit of the law- 
yers. Mr. Smith opposed it because he had some indistinct 
idea that it struck at the very foundation of what he termed his 
‘“net’’ project of exemption. He advocated his pet project at 
considerable length and indulged himself in one of his peculiar 
flights of imaginary eloquence in favor of protection for the 
poor man from oppression, all of which was very evidently 
intended for ‘‘Mr. Buncombe.’’ Marshall M. Strong opposed 
the amendment upon the ground that it would consume much 
time in litigating and millions of dollars in costs, in order to 
place a judicial construction upon the word ‘‘remedy.’’ 

During Mr. Tweedy’s able remarks upon this question he 
was somewhat uncourteously interrupted by Geo. B. Smith, 
who was anxious to correct Mr. Tweedy and the members of 
the convention upon a clause in the constitution which had 
been adverted to. He was so far indulged as to be permitted 
to read, and the clause only proved that the gentleman himself 
was beyond his depth, and rendered himself the laughing stock 
of the convention. 

The question was finally taken upon the amendment and it 
was rejected. 

Mr. Bennett then offered the following substitute, to wit: 
‘‘No bill of attainder or ex post facto law, or any law ought 
ever to be made or have force in the state that shall in any man- 
ner whatever interfere with or affect private contracts or en- 
gagements bona fide and without fraud previously formed,”’ 
which was rejected. 


1846] THE CONSTITUTION OF 1846 373 


Mr. Tweedy offered the following as a substitute for the 
section: ‘‘The legislature shall not pass any bill of attainder, 

or ex post facto law, or law impairing the obligation of con- 
tracts depriving parties of any remedy for enforcing a con- 
tract which existed when the contract was made,’’ which was 
also rejected. 

Mr. Ryan moved to amend the motion so that the committee 
should rise and report progress, and a question arose which 
was first in order, the motion to rise and report or the motion 
to rise and report progress; the Chair decided Mr. Ryan in 
order, and on an appeal from this decision the Chair was sus- 
tained. The question was taken, and the committee rose and 
reported progress. 

Mr. Magone introduced a resolution to the effect that the 
convention adjourn to the first Monday in December next, 
which was, on motion of the same gentleman, laid on the table. 


AFTERNOON SESSION 
(In committee of the whole on the Bill of Rights) 


W. Chase moved to strike out the fifteenth section, which was 
adopted. The section read, ‘‘No person demeaning himself in 
a peaceable and orderly manner shall ever be molested on ac- 
count of his mode of worship or religious sentiments in this 
state.’’ 

The sixteenth section was stricken out, and a substitute in- 
troduced by Mr. J. A. Barber adopted in its stead. 

The seventeenth section was adopted without amendment. 

N. F. Hyer moved to strike out all of the [eighteenth] section 
after the word ‘‘state,’’ which was carried. 

The nineteenth section, after being materially amended by 
Mr. Tweedy, was adopted. 

The remaining sections, with two exceptions only, were sev- 
erally stricken out as they came up, and the ‘‘Bill of Wrongs’’ 
was finally got through with, and the article was christened 
by its proper title of the ‘‘Bill of Rights.’’ The committee 
then rose and reported the article back to the house with the 
amendments adopted. 


374 WISCONSIN HISTORICAL COLLECTIONS _ [Nov. 5 


The amendments adopted in committee of the whole were 
then put and severally adopted by the convention.—Ezpress, 
Nov. 10, 1846. 


The morning hour having passed, ‘Mr. Bevans moved that 
the bill of rights be referred to a select committee, of which 
Mr. Tweedy should be chairman. The principle contained in 
the amendment proposed by the member from Racine, Mr. 
Ryan, was a good one and he thought it ought to be adopted. 
Every man who had had occasion to look into the decisions 
of the courts in which the principle involved had come before 
them would acknowledge the difficulty of determining the law 
of the case. This amendment would put the law beyond dis- 
pute. The state of New Jersey has such a provision, and he 
was in favor of it, because it settled the law on the decisions 
of the Supreme Court of the United States, and the difficulty 
heretofore existing would be avoided. 

The motion was opposed by W. Chase on the ground that it 
would tend to delay the action of the convention on the mat- 
ter. The motion to commit was lost. 

The convention then resumed its session in committee of the 
whole on the article, the amendment of Mr. Ryan being under 
consideration. 

Mr. Brace said, if he understood the arguments of gentle- 
men who have spoken on this question, there was but one opin- 
ion among them. All agreed that such a provision as the one 
proposed should be passed, a provision that should settle the 
question of the right of the legislature to pass laws impairing 
the obligations of contracts; and many have supposed that the 
article as it now stands sufficiently provides for the case. No 
question exists but that the right is taken from the legislature 
to pass an ex post facto law, that is, a law making an act inno- 
cent at the time of commitment criminal by a subsequent law. 
The amendment proposed provides that the legislature shall 
in the same manner allow the law under which a contract is 
entered into to remain in force as long as the contract shall 
remain in force. 


1846] THE CONSTITUTION OF 1846 ot 


cn 


Some gentlemen, unless he misunderstood their position, had 
supposed that the adoption of the proposed amendment would 
forever prohibit the legislature of the state from passing any 
stay law, exemption law, or insolvent act. Such would not be 
the effect of the amendment. The farthest extent to which it 
would go is this: It would prevent the legislature from pass- 
ing any act that would in any manner prevent the enforcement 
of the contract which existed at the time the contract was en- 
tered into, but would leave all the remedies, all the stays, all 
the exemptions that existed at the time in force. But debts 
or contracts entered into subsequently would be governed by 
the laws which would then be passed, whatever they might be. 
At the time the words found in the section as it now stands 
were placed in the Constitution of the United States and al- 
most every other state in the Union they were supposed suffi- 
cient to restrain the legislatures, but such has not been found 
to be the case. With the Constitution of the United States 
and of the state before them, the legislature of Ohio have 
passed laws compelling the sheriffs to cause all lands levied 
upon by them to be appraised, and not to sell the same for less 
than two-thirds the appraised value; and this law took effect 
and operated upon contracts and debts in existence at the time 
of the passage of the law. Now, he asked, did not this law 
impair the obligation of the contracts? The law that was in 
existence at the time was a part of the contract and entered 
into the consideration of the parties at the time of making the 
same. Yet the law steps in and defeats the remedy, and we 
are gravely told by the courts that cutting or defeating the 
remedy does not impair the obligations of contract. Many, 
at the time of the passage of the law, supposed that the law 
was unconstitutional and would be so decided by the courts, 
but in that they were mistaken. The supreme court of the 
state decided that, though all remedy were cut off, the contract 
remained untouched. This the amendment would avoid, and 
there was a necessity for placing in the constitution such defi- 
nite words as would fully express the meaning and intent of 
the convention. For one he was in favor of making the amend- 


376 WISCONSIN HISTORICAL COLLECTIONS _ [Nov.5 


ment, and as yet he had heard no good reason why it should 
not be made. 

Mr. Mills said that hitherto he had been a silent listener in 
this house, but he hoped the convention would excuse him if 
he should make some observations on what he considered one 
of the most important questions that had or could arise. The 
question is not whether we shall have a provision which will 
prevent the legislature from passing any law to impair the 
obligation of a contract, because such a prohibition already ex- 
isted in the Constitution of the United States, and that is 
binding on us here. He was aware that the courts had repeat- 
edly decided that the law which took away the remedy did 
not fall within the prohibition of the constitution, but he would 
acknowledge that he never could see the difference made by the 
courts. And.he had repeatedly asked where was the differ- 
ence between a law that took away the power to collect a debt 
and one that should declare a contract solemnly entered into 
void. To illustrate: If A. and B. contract together, they take 
into consideration the law that bears upon the subject, the 
probability of the failure of the debtor, and: the power given 
by law to collect the demand. If so, any change in that power 
will affect the contract, will impair its obligations, and would 
appear to be contrary to the Constitution of the United States. 

A constitutional provision similar to the one now in the ar- 
ticle exists in nearly every state in the Union; and yet in all 
those states stay laws, exemption laws, insolvent acts, and ap- 
praisal laws have been passed and made to take effect on con- 
tracts theretofore in existence. The state of Illinois furnishes 
a fair example of such legislation and judicial confirmation. 
The legislature of that state passed a law that, if an execution 
should be levied on real estate, the sheriff should summon three 
disinterested men to appraise the cash value of such estate, 
and that unless the plaintiff in execution or some other per- 
son should bid for such estate two-thirds of such appraised 
value, the same should be released; and courts of that state 
decided that this law, which almost deprived the plaintiff of 
his remedy, was constitutional and did not impair the obliga- 
tion of the contract. A case involving the point of constitu- 


1846] THE CONSTITUTION OF 1846 377 


tionality has been carried to the Supreme Court of the United 
States, and that court has decided that the law in existence at 
the time of making the contract entered into and formed a 
part of the contract, and any law which changed the remedy 
did impair the obligation and was unconstitutional. Accord- 
ing to this decision, then, the remedy is a part and parcel of 
the contract and cannot be changed without impairing that ob- 
ligation. He would concede that if the legislature and courts 
of Wisconsin would at all times be governed by the decision 
of the Supreme Court of the United States, there would be no 
need of the proposed amendment; but if there was any doubt 
on that subject, then the amendment should be adopted to pre- 
vent suits from being carried to the Supreme Court of the 
United States for their reversal at the great expense of the 
parties litigant. 

Mr. Steele, whose remarks could be but indistinctly heard by 
the reporter, was understood to say that he did not agree with 
the gentleman from Rock, Mr. Mills, as to the effect of the pro- 
posed amendment. If he thought, as that gentleman did, that 
the provision was needless, he would go to strike it out en- 
tirely, as needless; but he did not so believe; on the contrary, 
his opinion was that it would prevent the legislature from ever 
passing any exemption or after laws for the relief of the debtor. 

Mr. Manahan would suppose a man had come to this terri- 
tory, after having given up all the property he had accumu- 
lated in another place to his creditors, and, after years of hard 
living and harder labor, had obtained a small piece of land, 
on which he had built a cabin, and settled down in the hope of 
being possessed of a home for life. Now he would ask gentle- 
men, if after this constitution, amended as was proposed by 
gentlemen, was adopted, the creditors of the debtor could not 
come from abroad and deprive him of his home, his all, again, 
and that, too, even though we might have a law in force to 
exempt every inch of his land from execution on debts con- 
tracted here? He thought he would, and therefore he should 
vote against the amendment that had been proposed. 

G. B. Smith was opposed to the amendment for the very 
reason that had been given why it should pass. He believed 


378 WISCONSIN HISTORICAL COLLECTIONS _ [Noy.5 


the remedy formed no part of the contract—that was entirely 
the creature of the law and may be modified or even abolished 
and the contract remain the same. If it were not so, then there 
should be a law passed to prohibit a man from selling any of 
his property after he shall have made a contract, because that 
would destroy the remedy or prevent the enforcement of the 
contract. This power over the remedy the legislatures have 
for a long time very properly exercised and ought to retain. 
There are many ways in which the remedy may be affected and 
changed. The legislature may determine that no courts shall 
be held, or that the creditor shall obtain a verdict from two 
juries before he shall have execution, or how he shall com- 
mence his suit, and a hundred other provisions may be passed, 
all relating to the remedy. Would gentlemen say that all laws 
of this kind were unconstitutional? 

One gentleman refers us to the constitution of New Jersey 
as authority for the proposed amendment; that was an un- 
happy reference, because the commentator has in express terms 
condemned the same as not coming up to the ideas of modern 
democracy. In the state of Ohio an appraisement law was 
passed many years ago for the benefit of the poor debtors of 
that state, and its operations have been found most beneficial. 
He would ask gentlemen if debts had not been collected in that 
state as easily since the passage of that law as they were be- 
fore. The law was founded in justice to all parties, because 
it did not allow the creditor to collect his demand twice over 
as might be done when the plaintiff in execution could bid in 
property at half or less than half its real value. The section 
as it then stood gave the legislature the power to pass similar 
laws for the relief and benefit of the poor—the farmers, against 
the oppressions of the rich and machinations of lawyers. He 
could not help believing that the amendment had been got up 
by lawyers for the purpose of getting business which must of 
necessity arise on the adoption of the proposed amendment. 

Mr. Bevans did not like to see a gentleman meet a great and 
important measure by an attack on a class of men and hold 
them up as an object of contempt for the people by exciting 
a prejudice against them; and whenever he saw a man attempt 


1846] THE CONSTITUTION OF 1846 379 


it he set him down as one run to the girt. He could not dis- 
cover what connection there was or could be between the pro- 
posed amendment and the exemption laws; or that the adop- 
tion of the one would at all hinder the passage of the other. 
But we are told that modern democracy protects the poor 
against the rich. He had not so learned democracy, but on the 
contrary he had been taught that modern democracy protects 
all alike. Some gentlemen, when speaking of debtors are con- 
stantly erying ‘‘Poor debtor!’’ ‘‘ Poor debtor!’’ forgetful that 
there are poor creditors to be protected as well as poor debtors 
to be favored. 

The committee had been told that this was but a trick of the 
bar. He denied its being so, but on the contrary he believed 
that it would be saving thousands of dollars to parties liti- 
gant in preventing the carrying of suits to the Supreme Court 
of the United States, where it would be most certainly re- 
versed. The provision as it now stands in the article has been 
the great loophole of lawsuits. He denied the doctrine that 
stay laws and exemption laws had been found beneficial to the 
poor man, but on the contrary he held that they made and kept 
men poor by holding out an inducement to hold no more prop- 
erty than was exempt from execution. It was not the rich, the 
wary, who suffer by losing debts under these laws; it was the 
middle class, who trusted small sums. But if gentlemen 
pleased to have an exemption law, he would aid, by his vote, to 
place by the side of this amendment a provision that there 
shall be exempted to every man five hundred, eight hundred, or 
even one thousand dollars—any sum that will satisfy the 
friends of exemption. To give to judges an express direction 
was what he desired by this amendment, so as to save parties 
from the costs of litigation in the Supreme Court of the United 
States. 

Hiram Barber said that since the adjournment yesterday he 
had examined the decision of the Supreme Court of the United 
States, and he would concede that it had changed his opinion 
of the propriety of the proposed amendment. He knew that 
in the state of New York, when the act to abolish imprison- 
ment for debt was passed, a large body of the first legal talent 


380 WISCONSIN HISTORICAL COLLECTIONS [nov.5 


oi the state held that the law fell within the provisions of the 
Constitution of the United States, so far as contracts entered 
into before its passage were concerned. But the courts held 
a different doctrine—that the remedy by which the contract 
was enforced formed no part of the contract. The decisions 
of the courts of New York have been followed by every 
other state in the Union where similar laws have been en- 
acted, and it was not until 1845 that the subject was carried 
to the Supreme Court of the United States, where the doctrine 
oi the state courts was reversed. On this decision he (Mr. B.) 
based his change of opinion since what he had expressed yes- 
terday. Today he should vote for the motion to amend, that 
it may prevent such suits as the one here reported. The oper- 
ation of the amendment would prevent any subsequent act of 
the legislature from affecting a transaction entered into before 
the passage of the law. If there were no danger of the courts 
in this state following the decisions of the states rather than 
that of the United States, then the provision would be unnec- 
essary. The amendment covered no more ground than is coy- 
ered by the decision, and would, he believed, tend to prevent 
lawsuits. 

(Mr. B., in the course of his remarks read several extracts 
from the opinion of the court, which were also referred to by 
Mr. Tweedy, and will be found in his remarks, reported be- 
low.) 

Mr. Ryan. The case of Bronson vs. Kenzie, decided in 1843 
and of McCracken vs. Hayward are contradictory to and over- 
rule all the former decisions of the state courts, and he well 
remembered with what surprise the decisions were received by 
the bar; and he was not aware that those opinions had been 
followed by the state courts. All that he desired by the pro- 
posed amendment was to place the law as laid down in the de- 
cisions beyond dispute; while if it be not adopted it will be a 
mooted point. Before these late decisions there was no ques- 
tion of the law in these eases; but since, the whole matter is 
cast afloat, and it is exceedingly difficnlt to determine what 
course the state courts will pursue, and it will prove a fruit- 
ful source of litigation till the points are again settled. To 


1846] THE CONSTITUTION OF 1846 381 


adopt this amendment will be saying no more than that we 
adopt the law as decided by the supreme court. 

Mr. Ryan defended the constitution of New Jersey in partic- 
ular and showed from the commentator in the Democratic Re- 
view alluded to by G. B. Smith that this provision had his ap- 
probation. 

Mr. Beall spoke against the amendment, but owing to his 
remote position from the reporter’s desk and some noise in 
the hall his argument was lost to the reporter. He closed by 
asking if any such provision could be found in the new con- 
stitution of New York. 

Mr. Tweedy: A proposition to insert such a provision was 
introduced in the convention, but owing to the opposition of 
the antirenters it did not prevail, and their new constitution 
has no provision on the subject, leaving the matter to the oper- 
ation of the Constitution of the United States. The first and 
most important decision on this point was the case of Bronson 
vs. Kenzie made in 1843, which is not in this library. That was 
followed by McCraken vs. Hayward (2 Howard, 608). From 
this last case he read as part of his argument. Judge Bald- 
win in delivering the opinion of the court says: 

**Tn placing the obligation of contracts under the protection 
of the constitution, its framers looked to the essentials of the 
contract more than to the forms and modes of proceeding by 
which it was to be carried into execution. It was left to the 
states to prescribe and shape the remedy to enforce it. The 
obligation of a contract consists in its binding force on the 
party who makes it. This depends on the law in existence 
when it is made; these are necessarily referred to in all con- 
tracts, and forming a part of them as the measure of the obli- 
gation to perform them by the one party, and the right acquired 
by the other. There can be no other standard by which to as- 
certain the extent of either than that which the terms of the 
contract indicate, according to their settled legal meaning; 
when it becomes consummated, the law defines the duty and 
the right, compels one party to perform the thing contracted 
for, and gives the other a right to enforce the performance by 
the remedies then in force. If any subsequent law affects to 


382 WISCONSIN HISTORICAL COLLECTIONS _ [Nov. 5 


diminish the duty, or to impair the right, it necessarily bears 
on the obligation of the contract in favor of one party, to the 
injury of the other; hence any law which im its operation 
amounts to a demal or obstruction of the rights accruing by a 
contract, though professing to act only on the remedy, is di- 
rectly obnoxious to the prohibition of the constitution. * * * 

‘‘The obligation of the contract between the parties, in this 
case, was to perform the promises and undertakings contained 
therein; the right of the plaintiff was to damages for the breach 
thereof, to bring suit and obtain a judgment, to take out and 
prosecute an execution against the defendant till the judgment 
was satisfied pursuant to the existing laws of Illinois. These 
laws gwing these rights were as perfectly binding on the de- 
fendant, and as much a part of the contract, as if they had 
been set forth in its stipulations in the very words of the law 
relating to judgments and executions. If the defendant had 
made such an agreement as to authorize a sale of his property, 
which should be levied on by the sheriff, for such price as 
should be bid for it, at a fair public sale on reasonable notice, 
it would have conferred a right on the plaintiff, which the con- 
stitution made inviolable; and it can make no difference 
whether such right is conferred by the terms or law of the con- 
tract. Any subsequent law which denies, obstructs, or impairs 
this right, by superadding a condition that there shall be no 
sale for any sum less than the value of the property levied on, 
to be ascertained by appraisement, or any other mode of yalu- 
ation than a public sale, affects the obligation of the contract 
as much in the one case as the other, for it can be enforced only 
by a sale of the defendant’s property, and the prevention of 
such sale is a denial of a right. The same power in a state 
legislature may be carried to any extent, if it exists at all; it 
may prohibit a sale for less than the whole appraised value, or 
for three-fourths, or nine-tenths; for if the power can be ex- 
ercised to any extent, its exercise must be a matter of uncon- 
trollable discretion in passing laws relating to the remedy, 
which are regardless of the effect on the right of the plaintiff. 
This was the ruling principle in the case of Bronson vs. Ken- 
eve, which arose on a mortgage containing a coyenant, that, in 


JOHN Huppirp TwrErpy 


From a photograph in the Wisconsin Historical Library 


1846] THE CONSTITUTION OF 1846 383 


default of payment, the mortgagee might enter upon, sell, and 
convey the mortgaged premises, as the attorney of the mort- 
gagor; yet the case was not decided on the effect and obliga- 
tion of that covenant, but on the broad and general principle, 
that a state law, which professedly provided a remedy for en- 
forcing the contract of mortgage, effectually impaired the right 
incident to, and attached to it by the laws in force at its date, 
was void. No agreement or contract can create more binding 
obligations than those fastened by the law, which the law 
creates and attaches to contracts; the express power which a 
mortgagor confers on the mortgagee to sell as his agent is not 
more potent than that which the law delegates to the marshal 
to sell and convey the property levied on under an execution. 
He is the constituted agent of the defendant, invested with all 
his powers for these purposes. The marshal can do under the 
authority of the law whatever he could do under the fullest 
power of attorney from the execution debtor; and no state law 
ean prohibit it. It follows that the law of Illinois now under 
consideration, so far as it prohibits a sale for less than two- 
thirds of the appraised value of the property levied on, is un- 
constitutional and void.’’ 

Note—The judgment in this case was reversed in 1840, and 
the law of appraisal was passed February, 1841. Mr. Tweedy 
particularly called the attention of the committee to those 
parts of the decision which are italicised. 

If, said he, we could be sure of having that bench sit in Wis- 
consin for all time there might be no need of the amendment, 
or of any other provision on the subject, except as it would 
tend to prevent litigation; but when it is considered by those 
who were acquainted with courts and their decisions, who knew 
that a great deal depended upon the peculiar circumstances of 
each particular case; how they always endeavored to evade 
giving a decision on the constitutionality of a law, if possible, 
so that a great many cases may be brought before the courts 
involving the point, and no decision on the constitutionality 
obtained, then necessity of the amendment would appear. The 
ease from which he had been reading presented an example in 
Judge Catron, who said: 


384 WISCONSIN HISTORICAL COLLECTIONS  [Nov.5 


‘‘T have formed no opinion whether the statute of Illinois is 
constitutional or otherwise. The question on it is one of the 
most delicate and difficult of any ever presented to this court; 
and as our decision affects the state courts throughout, in their 
practice, I feel unwilling to form or express any opinion on so 
grave a question, unless it is presented in the most undoubted 
form, and argued at the bar. * * * TI know the constitu- 
tional question will affect other states than Illinois; many, not 
to say most of them, have had, and some now have, valuation 
laws, in which no distinction is made between contracts made 
before the passing of the act and those made afterwards, and 
that the decision against their validity as to past contracts will 
reach a great way farther than may be supposed on a slight 
examination. ”’ 

From this it would be plain how courts are likely to be em- 
barrassed, and how it is possible, even with the present bench 
of the United States, that the unconstitutionality of the law 
might remain undecided for years. As the decisions now 
stand, there are two sets of opinions, and the subject is more 
at loose ends than before it had gone to the supreme court; 
and all the amendment proposed was to adopt the decision of 
that court, so as to settle the law. What some gentlemen 
seemed to fear could not take place. The constitution, or laws 
passed under it, could not have a retroactive effect; neither 
can it apply to any other state or the transactions of such state. 

N. F. Hyer: It is an admitted principle of common law that 
the ‘‘lex loci contractus’’ governs: that is to say, that the law 
of the place where the contract [is] made, so far as that law 
enters into and forms a part of the contract, goes with the con- 
tract to the place of its execution. 

Now, suppose a contract is made in this state where the inter- 
est is seven per cent, and the defendant removes to Connecti- 
cut—the law in that state allows but six per cent, and a rem- 
edy there is that the defendant may be imprisoned on execu- 
tion; now the contract is sent there for collection, judgment is 
obtained, seven per cent interest is allowed, and in default of 
payment the defendant is imprisoned. 


1846] THE CONSTITUTION OF 1846 385 


Again: Suppose that in this state all law for collection of 
debts should be abolished—a man gives his note here, and goes 
to Connecticut; so much of the law as forms a part of the con- 
tract goes with the contract. Will not the remedy in that state 
apply? 

Marshall M. Strong spoke in very decisive terms against the 
amendment. 

After a few remarks by Messrs. Crawford, Magone, and 
O’Connor against the amendment, it was lost, 32 to 51. 

Mr. Bennett proposed the following as a substitute for the 
section, which was lost: 

“Section 14. No bill of attainder, ex post facto law, or any 
law ought ever to be made or have force in this state that shall 
in any manner whatever interfere with or affect private con- 
tracts or engagements, bona fide, and without fraud previously 
formed.’’ 

Mr. Tweedy proposed the following, which was lost: 

“Section —. The legislature shall not pass any bill of at- 
tainder, ex post facto law, or law impairing the obligation of 
contracts, or depriving a party of any remedy for enforcing a 
contract which existed when the contract was made.’’ 

After the committee rose and reported the article, it was re- 
ferred to a select committee to revise and correct. The com- 
mittee consists of Messrs. Bevans, H. Barber, A. H. Smith, 
W. R. Smith, and N. F. Hyer. 

And then the convention adjourned.—Argus, Nov. 10, 1846. 


25 


386 WISCONSIN HISTORICAL COLLECTIONS _ [Nov. 6 


Fripay, NOvEMBER 6, 1846 


Prayer by the Rev. Mr. Miner. 

The journal of yesterday was then read. 

Mr. Crawford asked that leave of absence be granted to Messrs. 
Bowen and Hiram Brown. Leave was granted. 

William R. Smith presented the certificate of the election of Edward 
Coombs, a member from the county of Richland, which was ordered to 
be filed and the said Edwards Coombs admitted to his seat. 

Leave of absence was then asked for and granted, as follows: By 
Mr. Magone, for Garrett M. Fitzgerald; by Asa Kinne, for Mr. Vliet; 
by Mr. Ellis, for Messrs. Hicks and Moore. 

The President presented the report of the clerk of the district court 
for the county of Portage, which was read and ordered to be filed. 

N. F. Hyer moved that the reports of the clerks of district courts be 
referred to a select committee of three, to be arranged and printed. 
Mr. Judd moved to amend by striking out the words “‘and printed’’ 
and insert in lieu thereof the words ‘‘be presented to the convention.’’ 
Said amendment was accepted by Mr. Hyer as a modification of his 
motion. 

Moses M. Strong moved that the said motion be laid upon the table, 
which was disagreed to. And a division having been called for, there 
were 24 in the affirmative and 34 in the negative. 

Mr. Ryan moved to amend by inserting ‘‘and that General Crawford 
be chairman of said committee,’’ which amendment was accepted by 
Mr. Hyer as a modification of his motion. 

Mr. Magone moved to amend by adding ‘‘and that Mr. Ryan be a 
member of said committee,’’ which was also accepted by Mr. Hyer as 
a modification of his motion. . 

The motion of N. F. Hyer as modified was then agreed to. 

The President then announced the appointment of the following 
committee under said motion, to wit: Messrs. Crawford, Ryan, and N. 
F. Hyer. 

Mr. Ryan asked to be excused from serving on said committee. And °* 
the question having been put, it was decided in the negative. And a 
division having been called for, there were 30 in the affirmative and 
33 in the negative. 

Mr. Holcombe presented his certificate of election as a member from 
the county of St. Croix, which was ordered to be filed. 

Mr. Graham, from the select committee to which was committed No. 
i2, “‘ Article on organization and officers of counties and towns and 
their powers and duties,’’ reported the same back to the convention. 
Mr. Dennis moved that the said article be printed. Mr. Gray moved 
to amend by adding ‘‘and be recommitted to the committee of the 
whole,’’ which was disagreed to. The question then recurred on the 


1846] THE CONSTITUTION OF 1846 387 


motion of Mr. Dennis. And having been put, it was decided in the 
affirmative. 

The resolution introduced on yesterday by Warren Chase was taken 
up. when Mr. Hunkins moved that the same be laid upon the table, 
which was agreed to. And a division having been called for, there 
were 32 in the affirmative and 14 in the negative. 

The resolution introduced on yesterday, relative to adjournment, 
was taken up, when Charles E. Browne moved that the same be laid on 
the table. And the question having been put, it was decided in the 
negative. And the ayes and noes having been called for and ordered, 
those who voted in the affirmative were [affirmative 37, negative 48; 
for the vote see Appendix I, roll call 76]. 

Mr. Magone moved to amend by striking out the words ‘‘Monday 
the thirtieth’’ [and] inserting ““Wednesday the ninth,’’ which was dis- 
agreed to. 

Moses M. Strong moved to amend by striking out ‘‘Monday the thir- 
tieth instant’? and inserting ““Tuesday the first day of December 
next,’’ which amendment was accepted by Mr. Baird as a modification 
of his resolution. 

Mr. Beall moved to amend by striking out ‘‘Tuesday the first’’ and 
inserting ‘‘Tuesday the eighth,’’ which was disagreed to. And a divi- 
sion having been called for, there were 24 in the affirmative, negative 
not counted. 

The President announced that the morning hour had expired. Mr. 
Strong moved that the rules be suspended for the consideration of 
the said resolution, which was agreed to. 

Moses M. Strong called for the previous question, which was ordered. 
And the question having been put, ‘‘Shall the main question be now 
put?’’ it was decided in the affirmative. 

The question was then put on the adoption of the said resolution, 
and was decided in the affirmative. And the ayes and noes having 
been called for and ordered, those who voted in the affirmative were 
[affirmative 49, negative 39; for the vote see Appendix I, roll call 77]. 

Mr. Magone introduced the following resolution, which was read, to 
wit : ‘Resolved, That the committee to which the bill of rights has been 
referred be instructed to report an amendment to that article, provid- 
ing that no member of this convention shall hold any office of trust or 
profit created by this constitution until two years after the adoption 
of the same by the people.’’ 

Moses M. Strong moved that the rules be suspended for the consider- 
ation of the said resolution, which was disagreed to. 


Moses M. Strong offered as an amendment to strike out 30th 
Nov. and insert Ist Dec.; accepted by the mover of the resolu- 
tion. Mr. Beall moved to amend by inserting the 8th day of 


Dec.—lost. The resolution gave rise to a very interesting de- 
bate between Messrs. Judd, Moses M. Strong, Baird, and Bar-. 


388 WISCONSIN HISTORICAL COLLECTIONS _ [Nov. 6 


ber. Mr. Judd opposed the resolution upon the ground that it 
was impossible at this time to determine when the convention 
would finish their labors, and such a resolution was therefore 
uncalled for. He said the convention had now been in session 
nearly five weeks, and he would ask any member if he candidly 
thought they were now half through with the business before 
them. 

Moses M. Strong advocated the resolution. He admitted 
that the convention were not half through the business before 
them, but the reason of this delay was that the time had been 
hitherto consumed in attempting to make great men out of 
small men, and small men out of great men—in considering 
what office should be created for this man, and what office for 
that man—instead of attending to the legitimate duties for 
which they were sent here. If the long speeches made with this 
view alone and without the least reference to the business be- 
fore them were dispensed with, it was his opinion that the la- 
bors of the convention could be brought to a close by the day 
named in this resolution. He would like to see a resolution 
adopted prohibiting any member of this convention from hold- 
ing any office for two years after the adoption of the constitu- 
tion. 

Mr. Baird advocated the resolution and took the same views 
of the subject as Mr. Strong. 

The ayes and noes were called for and ordered upon this 
resolution and it was adopted, ayes 49, noes 39. 

Mr. Magone remarked that he approved of the suggestion 
of the gentleman from Iowa, and introduced a resolution in- 
structing the select committee having in charge the bill of 
rights to report an article that no member of this convention 
should be eligible to office for two years after the adoption of 
the constitution, but as its consideration involved a suspen- 
sion of the rules, which was not sustained, it was laid over until 
tomorrow.—E xpress, Nov. 10, 1846. 

Mr. Tweedy introduced the following resolution, which was read, to 
wit: ‘‘Resolved, That the following be adopted as part of the consti- 


tution of this state, to wit: ‘Every member of this convention shall 
be disqualified from holding any office of profit or trust under the 


1846] THE CONSTITUTION OF 1846 309 


constitution of this state, until the end of two years next after the 
organization of the government of this state.’ ’’ 

The convention then resolved itself into committee of the whole for 
the consideration of No. 15, ‘‘Preamble,’’ Mr. Giddings in the chair. 
And after some time spent therein, rose and by their chairman re- 
ported the same back to the convention with an amendment. 

The amendment of the committee of the whole to said article was 
then concurred in. 

Mr. Bevans moved to amend by striking out all after the word ‘“‘we”’ 
and inserting as follows: ‘‘The people of Wisconsin, grateful to 
Almighty God for our prosperity and freedom, and believing that 
the time has arrived when it is proper to avail ourselves of our right 
to form a state government and to enter the Union of the United States 
as a free, sovereign, and independent state by the name of the state 
of Wisconsin, do ordain and establish the following constitution for 
the government thereof.’’ 

Moses M. Strong moved to amend the amendment by striking out 
the words ‘‘grateful to Almighty God for our prosperity and freedom 
and.’’? And the question having been put, it was decided in the nega- 
tive. And the ayes and noes having been called for and ordered, those 
who voted in the affirmative were [affirmative 10, negative 73; for the 
vote see Appendix I, roll call 78]. 

Moses M. Strong moved to amend by striking out the words ‘‘and 
the law of Congress approved August 6, 1846, entitled ‘An Act to en- 
able the people of Wisconsin Territory to form a constitution and state 
government, and for the admission of such state into the Union,’ ’’ and 
also to insert the word ‘‘and’’ before the words ‘‘the ordinance.’’ 

Mr. Beall called for the previous question, which was ordered. And 
the question having been put, ‘‘Shall the main question be now put?”’ 
it was decided in the affirmative. 

The question was then put on the amendment of Moses M. Strong 
and was decided in the affirmative. And the ayes and noes having 
been called for and ordered, those who voted in the affirmative were 
[affirmative 70, negative 9; for the vote see Appendix I, roll call 79]. 

The question then recurred on the amendment offered by Mr. Be- 
vans. And having been put, it was decided in the negative. And the 
ayes and noes having been called for and ordered, those who voted in 
the affirmative were [affirmative 13, negative 68; for the vote see Ap- 
pendix I, roll call 80]. 

By the unanimous leave of the convention the words ‘‘territory of”’ 
were stricken out. Said article was then ordered to be engrossed for 
a third reading. 


Mr. Strong of Iowa moved to strike out the whole and insert 
‘We, the people of Wisconsin, do ordain and establish this con- 
stitution for the government of this state.’’-—Democrat, Nov. 
7, 1846. 


390 WISCONSIN HISTORICAL COLLECTIONS  [Nov. 6 


The convention then resolved itself into committee of the 
whole, Mr. Giddings in the chair, on article No. 15—Preamble— 
and after some fifteen minutes spent therein rose and reported 
it back to the house with an amendment offered by Moses M. 
Strong still pending. 

Moses M. Strong then renewed the amendment and strenu- 
ously objected to the manner in which this matter had been 
hurried through the committee of the whole merely because 
it emanated from a member of the dominant faction of the 
Democratic party in this convention, to the exclusion of nu- 
merous amendments which were intended to be offered by 
himself and others who were in the minority so far as these 
factional party lines were drawn. He gave the ‘*Progres- 
sives’’ a severe lecture upon their conduct in this matter, call- 
ing it a degradation of principle, and other like terms. Mr. 
Strong called for the previous question, but subsequently with- 
drew the call. 

Mr. Bevans introduced an amendment, which acknowledged 
the existence and force of the Ordinance of 1787; which was 
objected to by Moses M. Strong, because it contained an ac- 
knowledgment of the grace and beneficence of God in permit- 
ting us to form a state government, to which acknowledgment 
he was strongly opposed, because there had been enough said 
about this subject in the bill of rights. Mr. Ryan objected to 
it because it contained an acknowledgment of the existence of 
the Ordinance of 1787, and of what he termed the beggarly 
act of 1840. 


Moses M. Strong offered an amendment to the amendment 
of Mr. Bevans, when the previous question was called for and 
sustained. 

The question was first taken upon the amendment of Moses 
M. Strong, and it was adopted. 

The question recurred upon an amendment of Mr. Bevans, 
and it was rejected, ayes 13, noes 68.—E xpress, Nov. 10, 1846. 


The convention then resolved itself into committee of the whole for 
the consideration of No. 16, ‘‘ Article on municipal corporations,’’ Mr. 
Ellis in the chair. And after some time spent therein, the committee 
rose and by their chairman reported the said article back to the con- 


1846] THE CONSTITUTION OF 1846 391 


vention with amendments. The amendments of the committee of the 
whole were then concurred in. 

Moses M. Strong moved to amend by adding ‘‘Section 2. No munic- 
ipal corporation shall at any one time contract any debt exceeding one 
thousand dollars, nor shall the aggregate of indebtedness of any cor- 
poration at any one time exceed ten thousand dollars,’’ which was dis- 
agreed to. 

Mr. Tweedy moved to amend the said article as follows: ‘‘Section 2. 
No municipal corporation shall have power to contract debts without 
first providing for the payment of the principal and interest of such 
debts by a direct annual tax, sufficient to pay or discharge such prin- 
cipal and interest within — years, which tax shall not be altered or 
repealed until such debt shall be discharged.”’ 

And the question being on filling the blank, Mr. Tweedy moved that 
the same be filled with the number ‘‘twenty-five,’’ which was dis- 
agreed to. 

Mr. Lovell moved to fill the blank with the number ‘‘twelve,’’ which 
was disagreed to. 

Mr. Ryan moved to amend by filling the blank with the word ‘‘ten,”’ 
which was accepted by the mover as a modification of the original 
amendment. 

The question was then put on adopting the amendment as modified, 
and was decided in the affirmative. And a division having been called 
for, there were 50 in the affirmative, negative not counted. 

Moses M. Strong moved to amend by adding ‘‘Section 3. No munic- 
ipal corporation shall have power to contract any debt exceeding — 
thousand dollars,’” when Asa Kinne called for the previous question, 
which was ordered. And the question having been put, ‘‘Shall the 
main question be now put?’’ it was decided in the negative. And a 
division having been called for, there were 33 in the affirmative and 36 
in the negative. So the said article was laid over until tomorrow under 
the rules. 

On motion of Moses M. Strong the convention took a recess until two 
o’elock, P. M. 


Mr. Magone moved to amend the first section so as to read: 
“‘The legislature shall provide for the creation and govern- 
ment of municipal corporations,’’ which was adopted. 

N. F. Hyer moved to strike out the section as amended. 

Mr. Tweedy moved to amend the last motion by inserting 
in lien of the section stricken out a substitute, which was read 
and adopted. 

Mr. Noggle offered an amendment to the second section, 
prohibiting any municipal corporations from contracting debts 
for any purpose whatever, without first providing for the pay- 
ment thereof, which was adopted. 


392 WISCONSIN HISTORICAL COLLECTIONS  [Nov. 6 


Moses M. Strong moved to strike out the whole section and 
insert a substitute, viz., ‘‘No municipal corporation shall have 
power at any time to contract any one debt over one thousand 
dollars, nor shall such debts exceed ten thousand dollars in the 
aggregate,’’ which was rejected. 

Mr. Gray moved to strike out the second section, which was 
carried. 

The committee then rose and reported the article back to the 
house as amended.—E'xpress, Noy. 10, 1846. 


TWO O’CLOCK, P. M. 


No. 17, ‘‘Article on boundaries and name of the state,’? No. 38, ‘‘ Ar- 
ticle on eminent domain and property of the state,’’ and No. 11, 
‘‘ Article relative to the act of Congress for the admission of the state,”’ 
were taken up, when Mr. Doty moved that the further consideration 
of the said articles be postponed until Thursday the twelfth instant and 
that they be made the special order of the day for that day, which was 
agreed to. 

The convention then resolved itself into committee of the whole for 
the consideration of No. 18, ‘‘Article on the executive of the state,’’ 
Moses M. Strong in the chair. And after some time spent therein, the 


committee rose and by their chairman reported the same back with 
amendments. 


Pending the question on concurring in the report of the committee © 
of the whole, on motion of Moses M. Strong the convention adjourned. 


THe Executive 


Mr. Ryan endeavored to strike out the clause providing for 
the election of a lieutenant governor, but was unsuccessful. 

The cause affixing the salary of the governor caused consid- 
erable debate. It was fixed in the report at $1,500 and efforts 
were made in all parts of the house to reduce it to $1,200, 
$1,100, $1,000, $800, and $500, all of which failed. Messrs. Den- 
nis, N. F. Hyer, Beall, and J. Allen Barber were the most 
strenuous supporters of the reduction. 

Mr. Magone opposed a reduction of the salary of governor 
from the amount reported by the committee. He could not sub- 
scribe to the ‘‘penny-wise and pound-foolish’’ doctrine advo- 
cated by the gentleman from Marquette (Mr. Beall). He (Mr. 
Magone) felt disposed to elect men who were qualified to fill 


1846] THE CONSTITUTION OF 1846 393 


the various state offices and pay them for their services an ade- 
quate compensation. The gentleman from Grant (Mr. Bar- 
ber) had said that in Maine the governors were generally law- 
yers and that their offices did not interfere with their profes- 
sional business. He, for one, doubted the expediency as well 
as the economy of elevating men to the gubernatorial chair 
who, like the Yankee schoolmaster, were willing to take twelve 
dollars a month and board round with the neighbors, or petti- 
fog suits before a justice of the peace. As to small salaries, 
he thought the system deplorable. The fact was notorious that 
the ablest statesmen of the different states had invariably 
sought federal appointments instead of devoting their talents 
to the advancement of their different states. The reason was 
obvious: the federal government paid salaries commensurate 
with the duties to be performed, whereas the states had pur- 
sued a different course, and in their notions of rigid economy 
had dispensed with the services of men who no doubt would 
have saved them from the stigmas of bankrupts and repudia- 
tors. If the governor was to be paid but a thousand dollars 
per annum, it should not be by his vote. 

J. Allen Barber offered an amendment that the governor 
should receive annually the sum of°$1,500 and reside at the 
capital. 

A. Hyatt Smith offered as an amendment that the governor 
should be provided with a house at the expense of the state, 
which was the source of considerable ridicule to the mover. 
The amendment was finally so amended as to read ‘‘And the 
governor shall be furnished with a house, outhouses, and furni- 
ture, with a coach and eight bobtailed horses, and footmen, and 
everything, and said governor shall be neither ‘tadpole,’ ‘craw- 
fish,’ or ‘soft,’ but a ‘Regular’ ’’; and it was then unanimously 
rejected. The section as amended by Mr. Barber was adopted. 

The section empowering the governor to grant reprieves and 
pardons and to commute the sentence of death gave rise to 
some debate, but was finally adopted without material amend- 
ment. 

The section allowing the lieutenant governor four dollars 
per day during his attendance as president of the senate was 


394 WISCONSIN HISTORICAL COLLECTIONS _ [Nov. 6 


amended, and he is to receive ‘‘double the per diem of mem- 
bers of the senate.’’ 

After some further discussion the article passed, and the 
committee took up the article on administrative. 

There was some debate upon the compensation to be allowed 
the different administrative officers. The secretary of state 
is to be allowed $1,000 per annum and keep his office at Madi- 
son. The section defining the powers and duties of the treas- 
urer, auditor, and attorney general, and affixing their compen- 
sations was under consideration, when on motion of Mr. Berry 
the committee rose and reported the articles back to the house 
with the amendments adopted. 

The convention then adjourned.—Express, Nov. 10, 1846. 


1846] THE CONSTITUTION OF 1846 3995 


SaturpAay Mornine, NovEMBER 7, 1846 


Prayer by the Rev. Mr. McHugh. 

The journal of yesterday was read. 

Mr. Steele, from the committee on miscellaneous provisions, made 
the following reports, which were read, referred to the committee of 
the whole, and ordered to be printed to wit: 


“‘The committee on miscellaneous provisions, to whom was referred 
the resolution No. 5, respectfully report: 

‘‘That they have well considered the matter referred to them and 
have come to the unanimous conclusion that it is not expedient to in- 
corporate a clause in the constitution prohibiting any and every per- 
son or persons from purchasing or owning any real estate within the 
limits of this state who are not capable of becoming citizens of the 
United States. That the subject is one more properly within the juris- 
diction of the legislature. 

“*Respectfully submitted, 
E. Streets, Chairman 
J. D. Dory 
W. CHAse”’ 


“The committee on miscellaneous provisions, to whom was referred 
a resolution relative to the tenure of leasehold estates, report the fol- 
lowing as the result of their deliberations: 

“Section —. All leases or grants of agricultural lands for a longer 
period than twelve years, hereafter made, in which rent or service of 
any kind shall be reserved, shall be void.’’ 

‘‘The committee to whom was referred the resolution relative to li- 
cense report: 

**Section 1. The legislature shall have no power to pass any law 
restricting trade. 

‘‘The committee would further report that they deem it inexpedient 
to incorporate in the constitution any other of the matters referred to 
in the resolution.”’ 


‘‘The committee on miscellaneous provisions, to whom. was referred 
the resolution No. 2, respectfully report: In relation to the first proposi- 
tion they submit an article herewith: 

“That the committee have weighed well the second proposition and 
do not deem it expedient to engraft a clause in the constitution, pro- 
hibiting any person from holding office under the government of the 
future state on account of his religious persuasion, professions, or du- 
ties. That such a proposition as is sought by this resolution to be en- 
grafted in the constitution would restrict the people in the choice of 


396 WISCONSIN HISTORICAL COLLECTIONS _ [Nov.7 


their servants or agents, which should never be permitted in a free 
country. That the calling of a minister of the gospel is adverse to the 
life of a politician is admitted on all sides, but that because a person 
has chosen one profession that he should be restrained from changing 
his business and entering into the strifes of the world if he should see 
fit so to do is contrary to all true principles. We hold that the true 
system of legislation is to grant to all mankind the greatest freedom 
in any pursuit in which they see fit to engage, which does not infringe 
upon the rights of others. 

‘‘We therefore report adverse to the proposition to exclude and pro- 
hibit ministers of the gospel from holding office under the state goveru- 
ment. 

‘‘To the third proposition the committee have only to say that the 
matter is under advisement with them from another source. 

“Respectfully submitted, 
E. Steer, Chairman’’ 


‘‘Section 1. The political year for the state of Wisconsin shall com- 
mence on the first day of January in each year.”’ 

Mr. Hunkins, from the committee on engrossment, reported No. 15, 
‘‘Preamble,’’ as correctly engrossed. 

Mr. Magone introduced the following resolution, which was read, to 
wit: ‘‘Resolved, That the president be instructed to inform the ser- 
geant at arms that this convention is prepared to dispense with his val- 
uable services. ”’ 

Mr. Dennis introduced the following resolution which was read, to 
wit: ‘‘Resolved, That Edward Coombs, a delegate from the county of 
Richland, be entitled to $19, for 95 miles travel in attending this con- 
vention, and that the treasurer of the territory be directed to pay the 
same.’’ 

Mr. Dennis moved that the rules be suspended for the consideration 
of said resolution, which was agreed to. The said resolution was then 
adopted. 

Mr. Clothier introduced the following resolution, which was read, 
to wit: ‘‘Resolved, That it is unnecessary to declare the disqualifica- 
tion of members of this convention to hold offices of trust or profit for 
the term of two years after the adoption of this constitution in this 
state, no danger being apprehended that the people will need their 
services for many years to come. 

““Resolved, That though the fact may exist, that some members may 
disqualify themselves by their political dishonesty, it is not conclusive 
evidence that all will do so, or that the fact should be incorporated in 
the constitution. ”’ 

The following resolution, introduced on the fifth instant, was then 
taken up and adopted, to wit: ‘‘ Resolved, That there be allowed to 
E. B. Dean Jr. the sum of $900 for stationery furnished the econven- 
tion, provided the said Dean receives the above amount as in full for 
his bill presented. ' 

“‘To Darwin Clark $462.25, in full, for 43 desks furnished the con- 
vention. 


1846] THE CONSTITUTION OF 1846 397 


“M9 J. Gillett Knapp, $43.99, advanced by said Knapp for hauling 
lumber to fit up room for the convention. 

<M Simeon Mills & Co., publishers of the Wisconsin Argus, $100, 
as part pay for newspapers furnished the convention. 

“To. W. W. Wyman, publisher of the Madison Express, $100, as part 
pay for newspapers furnished the convention. 

“<9 Beriah Brown, publisher »f the Democrat [$100] as part pay 
for newspapers furnished the convention. 

“‘Resolved, That the treasurer of the territory be directed to pay the 
above appropriations out of any funds in [his] hands which are sub- 
ject to the control of this convention.’’ 

George B. Smith presented the account of Levi Putnam, for putting 
down carpet, ete., which was referred to the committee on expenses. 

The resolution introduced by Mr. Magone on yesterday, relative to 
disqualifying members of this convention from holding office, was taken 
up, when Mr. Edgerton moved to amend the same by inserting be- 
tween the words ‘‘convention’’ and ‘‘shall’’ the words “‘nor any offi- 
cer now holding office in this territory, by appointment of the presi- 
dent of the United States, or by the governor of Wisconsin. ”’ 

W. Chase moved that the said resolution be laid on the table. And 
the question having been put, it was decided in the negative. And the 
ayes and noes having been called for and ordered, those who voted in 
the affirmative were [affirmative 44, negative 46; for the vote see Ap- 
pendix I, roll call 81]. 

Mr. Gray called for the previous question, which was ordered. And 
the question having been put, ‘‘Shall the main question be now put?’’ 
it was decided in the affirmative. 

The question was then put on the amendment offered by Mr. Edger- 
ton and was decided in the negative. And the ayes and noes having 
been ealled for and ordered, those who voted in the affirmative were 
[affirmative 40, negative 48; for the vote see Appendix I, roll call 82]. 

The question then recurred on the original resolution. And having 
been put, it was decided in the affirmative. 

And the ayes and noes having been called for and ordered, those who 
voted in the affirmative were [affirmative 47, negative 42; for the vote 
see Appendix I, roll call 83]. 


Mr. Huebschmann, by leave, introduced the following resolution, 
which was read, to wit: ‘‘ Resolved, That the committee who have under 
consideration the just passed resolution be instructed to report a sec- 
tion excluding all delegates to this convention, and the present officers 
of the territory, by election and appointment, whether appointed by 
the president of the United States or the governor of the territory, 
from any chance to be elected to the Senate or House of Representa- 
tives of Congress for the next two years.” 

Mr. Dennis moved that the rules be suspended for the consideration 
of the said resolution, which was agreed to. 


398 WISCONSIN HISTORICAL COLLECTIONS | [Nov. 7 


The rules were suspended for the present consideration of 
the above, and as a matter of course it gave rise to much talk. 

Moses M. Strong opposed it; he was in favor of and had voted 
for the resolution rendering members ineligible to any office 
in the state for the next two years, inasmuch as these offices 
were created by this convention, and it was an old-established 
and excellent principle that they should be prohibited from 
holding any office of their own creation. But the offices in 
question were not of their creation, and there was no good rea- 
son why members of this convention should be disqualified 
from holding them. 

Mr. Noggle would vote for this resolution, but if it failed 
he hoped the vote disqualifying members from holding offices 
in this state would also fail. He approved of the principle in- 
volved, but saw no good reason why all should not be placed 
upon the same footing. Ifa member was to be prohibited from 
holding a judicial office in the state, he should also be disqual- 
ified from holding a higher office out of the state.-—Eazpress, 
Nov. 10, 1846. 


Mr. Barber said before the vote was taken on the resolution 
now under consideration [that of Mr. Huebschmann] he wished 
to say a few words in regard to the propriety of its adoption 
in connection with the one first passed, introduced yesterday 
by another gentleman from Milwaukee instructing the com- 
mittee having in charge the article on a bill of rights to report 
an amendment prohibiting any delegate of this convention from 
holding any office created under the constitution we are about 
forming until the expiration of two years after its adoption. 

I did not suppose, sir, when this matter was introduced yes- 
terday that it was intended in seriousness by the mover, nor 
did I suppose a majority of this body would deem it necessary 
to pass any such resolution to exonerate themselves from 
charges made against them, let them come from what quar- 
ters they might. But it appears from the vote just taken they 
consider it otherwise. But, sir, before I acknowledge the pro- 
priety or necessity of this act of compurgation I desire to ex- 
amine the foundation of these charges and see if they are en- 


1846] THE CONSTITUTION OF 1846 399 


titled to the consideration this body by its acts is giving them. 
Nhe first intimation of a charge against the majority of this 
body, as being actuated by undue influences, I believe made its 
appearance in the correspondence of a little seven-by-nine sheet 
printed in a remote corner of this territory, in which it was 
directly charged upon this body as designing to throw over- 
board all the old, well-tried, good, and true men of the party, 
naming several distinguished individuals of the territory and, 
among others, some gentlemen occupying seats upon this floor. 
This, sir, was treated, as it deserved to be, by every member of 
this body with silent contempt. But, sir, yesterday, the hon- 
orable gentleman from Iowa (Mr. Strong) charged it directly 
upon the majority of this body as being governed by no higher 
considerations than an endeavor ‘‘to make big men out of little 
men.’’ Yes, sir, he said there were two parties in this body, 
the one endeavoring to make big men out of little men, and the 
other trying to make little men out of big men.”’ 

(Mr. Strong said he would correct the gentleman from 
Dodge. He said yesterday there were two parties on this floor; 
the majority were trying to make big men out of little men, 
and to make little men out of the big men). 

Mr. Barber said—I am willing the gentleman should correct 
himself. I understood himasI have stated. But if the gentle- 
man had misspoke or been misunderstood, I am willing to take 
his correction of what he said. And all I have to say in re- 
gard to that matter is that, although I have found myself vot- 
ing most of the time with a majority of this body, yet I have 
been actuated by no such motives. I came here for no such 
purposes whatever, and I would say to gentlemen on this floor, 
if they came here for any such purpose, they have in my judg- 
ment entirely mistaken the place. The seat I occupy upon this 
floor as a member of this body was conferred upon me by the 
voluntary suffrage of a majority of the people of the county I 
have the honor in part to represent here, unsolicited on my 
part. And, sir, I consider myself sent here solely to aid in 
forming a constitution for the future state of Wisconsin, and 
shall as far as my action is concerned endeavor to form a con- 
stitution suited to the condition and wants of the people—to 


400 WISCONSIN HISTORICAL COLLECTIONS  [Nov.7 


frame a government under which every citizen may enjoy the 
blessings of civil and religious liberty. 

Had I, sir, desired to occupy any post under your state gov- 
ernment, this is the last place I should have sought to attain 
that object. I have seen too often the disposition in atter 
years to mystify and misrepresent the votes of members of the 
convention to amend the constitution of my native state, when 
candidates for office, to believe for a moment that any member 
of this convention can so shape his votes here that they will 
not be brought up against him by partisan politicians, should 
he be a candidate for office hereafter. But gentlemen who 
voted for the resolution disfranchising members of this con- 
vention from holding office under the state government, now 
when it is proposed to extend that measure to your represen- 
tatives in the Senate and House of Representatives of the 
United States, they are ready to oppose it, and they see a dis- 
tinction in principle between the two. I, sir, can see no dis- 
tinction in principle, nor no reason that would apply to the 
former that would not to the latter. 

Sir, do we propose to fill any of the offices to be created un- 
der our constitution? Do we not leave them all to be filled by 
the people? And will they not claim the right to fill them with 
such individuals as they may choose regardless of what may be 
done here? Does any gentleman on this floor suppose that 
any action of this body can confirm on one member a prefer- 
ence for office over another, after his return to the people? [I 
beg leave to say to gentlemen here that there is remaining 
amongst the people at home a larger array of men equally tal- 
ented, equally capable, and every way as well fitted to fill the 
various offices under our state government as the members of 
this convention, and gentlemen, too, who will not acknowledge 
that we have obtained a right to office any the more for being 
members of this convention, and I deem it wholly unnecessary 
that we should take any direct action to disqualify ourselves 
from holding any office for the next two years. But, if gentle- 
men think otherwise, then I hope it will be extended to all 
embraced in both resolutions. I therefore hope the resolution 
now pending will be passed.—Democrat, Nov. 14, 1846. 


1846] THE CONSTITUTION OF 1846 401 


Mr. Agry called for the previous question, which was ordered. And 
the question having been put, ‘‘Shall the main question be now put? 
it was decided in the affirmative. ; 

The question was then put on the adoption of the said resolution, and 
was decided in the affirmative. And the ayes and noes having been 
ealled for and ordered, those who voted in the affirmative were [affirma- 
tive 47, negative 39; for the vote see Appendix I, roll call 84]. 

Mr. Lovell moved that the vote on the adoption of the said resolution 
be reconsidered, when Mr. Huebschmann moved that said motion be 
laid upon the table. And the question having been put, it was decided 
in the affirmative. And the ayes and noes having been called for and or- 
dered, those who voted in the affirmative were [affirmative 53, negative 
34; for the vote see Appendix I, roll call 85]. 

Article No. 15, ‘‘Preamble,’’ was then taken up and read a third time. 
And the question being on the passage of the said article, and having 
been put, it was decided in the affirmatiye. And the ayes and noes 
having been ordered under the rule, those who voted in the affirmative 
were [affirmative 83, negative 1; for the vote see Appendix I, roll call 
86]. 

So the article was passed, and the title thereof was agreed to. 

Mr. Baird asked for leave of absence for Mr. Drake. Leave was 
granted. 

Mr. Noggle asked for leave of absence for Mr. Parkinson. Leave was 
granted. 

Mr. Magone moved that the convention do now adjourn. And the 
question having been put, it was decided in the negative. And the 
ayes and noes having been called for and ordered, those who voted in 
the affirmative were [afiirmative 12, negative 71; for the vote see Ap- 
pendix [, roll call 87]. 

No. 16, ‘‘Article on municipal corporations,’’ was then taken up. 
And the question being on the pending amendment offered by Moses M. 
Strong and having been put it was decided in the affirmative. And a 
division having been called for, there were 51 in the affirmative, nega- 
tive not counted. 

Mr. Tweedy moved that the said article be referred to a select com- 
mittee to revise the same, which was agreed to. The President then 
announced the appointment of the following committee, to which the 
said article was referred, to wit: Messrs. Tweedy, Hunkins, Bennett, 
Whiteside, and Granger. 

Mr. Agry moved that the convention do now adjourn, which was dis- 
agreed to. And a division having been called for, there were 21 in the 
affirmative, negative not counted. 

No. 18, ‘‘ Article on the executive of the state,’’ was then taken up, 
when Mr. Berry moved that the convention do now adjourn. And the 
question having been put, it was decided in the affirmative. And the 
ayes and noes having been called for and ordered, those who voted in 
the affirmative were [affirmative 53, negative 33; for the vote see Ap- 
pendix I, roll call 88]. 

So the oo adjourned. 


? 


402 WISCONSIN HISTORICAL COLLECTIONS  [Nov.$ 


Monpay, Novemser 9, 1846 


Prayer by the Rev. Mr. Miner. 

The journal of yesterday [Saturday] was read. 

Mr. Noggle presented the certificate of election of Joseph Kinney 
Jr. as a member of this convention from the county of Rock, which was 
ordered to be filed and the said Kinney admitted to a seat. 

Leave of absence was asked for and granted to members of this con- 
vention as follows: By Mr. Bevans, for Mr. Gray; by Mr. Cooper, for 
Messrs. Magone and Graham; by Asa Kinne, for Charles E. Browne. 

The President laid before the convention the report of the clerk of 
the supreme court, and also of the clerk of the district court of the 
county of Fond du Lac, which were read and referred to the select 
committee to whom the previous reports had been referred. 

Mr. Patch presented the petition of G. W. Green and 85 others, rel- 
ative to the exemption of a certain amount of property from execution, 
etc., which was read and on his motion referred to the committee on 
miscellaneous provisions. 

George B. Smith presented the account of Wm. Pyncheon for work 
on the convention chamber, which was referred to the committee on the 
expense of the convention. 

Mr. Agry, from the committee on the powers, duties, and restrictions 
of the legislature, reported No. 24, ““Article on the powers, duties, and 
restrictions of the legislature.’’ 


‘“‘The committee on the powers, duties, and restrictions of the legisla- 
ture report the following article: 

‘Section 1. The legislative powers of the state shall be vested in 
two distinct branches to be styled respectively the senate and house 
of representatives and both together the legislative assembly of the 
state of Wisconsin. 

“‘Section 2. When vacancies occur in either house, the governor or 
other person exercising the powers of the governor shall issue writs of 
election to fill such vacancies. 

“Section 3. Elections for senators and representatives shall be 
general throughout the state and shall be regulated by law. 

“‘Section 4. A majority of each house shall constitute a quorum to 
do business. Each house shall determine the rules of its own proceed- 
ings, and be the judge of the elections, returns, and qualifications of 
its own members, and shall choose its own officers; and the senate shall 
choose a temporary president, when the lieutenant governor shall not 
attend as president, or shall act as governor. 

““Section 5. Each house shall keep a journal of its proceedings, 
and publish the same, except such parts as may require secrecy. The 
doors of each house shall be kept open, except when the public welfare 


1846] THE CONSTITUTION OF 1846 403 


shall require secrecy. Neither house shall without the consent of the 
other adjourn for more than two days. : 

‘‘Section 6. For any speech or debate in either house of legislature 
the members shall not be questioned in any other place. 

“Section 7. Any bill may originate in either house of the legisla- 
ture, and all bills passed by one house may be amended by the other. 

“Section 8. The enacting clause of all bills shall be ‘It is enacted 
by the legislative assembly of the state of Wisconsin. ’ 

“Section 9. The legislature may confer upon the boards of super- 
visors of the several counties of the state such further powers of local 
legislation and administration as they shall from time to time prescribe. 

“Section 10. The house of representatives shall have the power of 
impeachment by a vote of the majority of all the members elected. 

““Seetion 11. The legislature shall provide for the creation and 
government of municipal corporations by general and uniform laws. 

“Section 12. The legislature shall pass general laws under which, 
and not otherwise, corporations other than those of a municipal and 
political character shall be formed; and all laws passed pursuant to 
this section may be altered from time to time, or repealed. 

“Section 13. The members of such corporations shall be individu- 
ally liable for the debts, liabilities, and acts thereof. 

“Section 14. The state shall derive no revenue, directly or indi- 
rectly, from property taken from private individuals for public use. 

‘Section 15. No private or local bill which may be passed by the 
legislature shall embrace more than one subject, and that shall be ex- 
pressed in the title. 

‘Section 16. No law shall be amended or revived by reference to its 
title, but in such case the section amended or the act revived shall be 
reenacted and published at length. 

“‘Section 17. The legislature shall have no power to pass retroactive 
laws, or laws impairing the obligation of contracts or their remedies. 

“‘Section 18. The legislature shall pass no laws interfering with the 
liberty of trade or industry. 

“‘Section 19. It shall be the duty of the legislature to require by 
law the several towns to make suitable provision, at their own expense, 
for the support and maintenance of public schools. 

‘“Section 20. The state shall have no power to contract debts or to 
loan its credit, except in case of war, invasion, or insurrection. 

‘Section 21. The legislature shall never grant extra compensation 
to any public officer, agent, servant, or contractor after the service 
shall have been rendered or the contract entered into, nor grant by way 
of appropriation or otherwise any amount of money to any individual 
on any claim, real or pretended, when the same shall not have been 
provided for by preéxisting law. 

‘“Section 22. Members of the legislature and all officers, executive 
and judicial, except such inferior officers as may by law be exempted, 
shall before they enter upon the duties of their respective offices take 
and subscribe the following oath or affirmation: ‘I do solemnly swear 
(or affirm as the case may be) that I will support the Constitution of 


404 WISCONSIN HISTORICAL COLLECTIONS  [Noy. 9 


the United States and the Constitution of the state of Wisconsin, and 
that I will faithfully discharge the duties of the office of accord- 
ing to the best of my ability.’ 

‘‘All which is respectfully submitted. 


D. Acry, Chairman’’ 


Which was read the first and second times, referred to the commit- 
tee of the whole, and ordered to be printed. 

Mr. Tweedy, from the select committee to which articles Nos. 5, 6, 
and 7, and sundry resolutions of the convention were referred, reported 
article No. 25, “‘Report of the select committee on articles Nos. 5, 6, 
and 7, and sundry resolutions referred to said committee.’’ 


““The committee, to whom were referred articles Nos. 5, 6, and 7, with 
the amendments pending thereto, respectively, and also resolutions Nos. 
1, 2, and 4 of the 31st October ult., with instructions, beg leave to re- 
port the same back to the convention, together with substitutes for the 
said several articles, which they recommend to be adopted by the con- 
vention; and also certain resolutions, which the committee believe will 
be found to cover the whole ground of inquiry submitted to them. 

‘All of which is respectfully submitted. 

E. G. Ryan, Chairman’’ 


ARTICLE ON INTERNAL IMPROVEMENTS 


“Section 1. This state shall encourage internal improvements by 
individuals, associations, and corporations, but shall not carry on, or 
be a party in carrying on, any work of internal improvement, except 
in the cases authorized by the second section of this article. 

““Section 2. When grants of land or other property shall have been 
made to the state, specially dedicated by the grant to particular works 
of internal improvement, the state may carry on such particular works, 
and shall devote thereto the avails of such grants so dedicated there- 
to; but shall in no ease pledge the faith or credit of the state or incur 
any debt or liability for such works of internal improvement. 

“‘Section 3. All lands which shall come to the state by forfeiture 
or escheat, or by grant, where the grant does not specially dedicate the 
same to any other object, shall be held by the state as part of the state 
school fund, under the same trusts, reservations, and restrictions as are 
provided in this constitution in regard to school lands proper.”’ 


ARTICLE ON TAXATION, FINANCE, AND Pusiic DEst 


‘“Section 1. All taxes shall be uniform and shall be levied on all 
property not exempt from taxation, in equal ratio to the value there- 
of, without discrimination. Capitation taxes, nevertheless, may be 
levied for highway labor, but for no other purpose. 

“‘Section 2. The legislature shall have power to exempt from tax- 
ation all property belonging to the state or to the United States. All 
publie school or university lands, and all property belonging to any 


1846] THE CONSTITUTION OF 1846 405 


school or other institution of learning, supported in whole or in part 
by any public school fund or tax; all public churches and all public 
burial grounds; and such amount of household furniture as may be 
provided by law. , 

‘<Section 3. No money shall ever be paid out of the treasury of this 
state, except in pursuance of an appropriation by law. 

‘‘Section 4. The credit of the state shall never be given or loaned 
in aid of any individual association or corporation. 

‘‘Section 5. There shall be published by the treasurer, in at least 
one newspaper printed at the seat of the government during the first 
week in January in each year, and in the next volume of the acts of 
the legislature, a detailed statement of all moneys drawn from the 
treasury during the preceding year, for what purpose, and to whom 
paid, and by what law authorized. 

‘‘Qection 6. There shall never be issued by or in any way on behalf 
of the state any scrip or other evidence of state debt, except in the 
eases and manner authorized in the ninth and tenth sections of this 
article. 

“‘Section 7. This state shall never contract any public debt, unless 
in time of war, to repel invasion or to suppress insurrection, except in 
the cases and manner provided in the ninth and tenth sections of this 
article. 

“Section 8. The legislature shall provide for an annual tax suffi- 
ecient to defray the estimated expenses for each year; and whenever it 
shall happen that the expenses of the state for any one year shall ex- 
ceed the income of the state for such year, the legislature shall provide 
for a tax for the ensuing year, sufficient with other sources of income 
to pay the deficiency of the preceding year together with the estimated 
expenses of such ensuing year. 

‘‘Qection 9. For the purpose of defraying extraordinary expendi- 
tures, the state may contract public debts; but such debts shall never, 
singly, or in the aggregate, exceed $100,000. Every such debt shall be 
authorized by law, for some single work or object to be distinctly spec- 
ified therein; and no such law shall take effect until it shall have been 
passed by two successive legislatures, by the votes of two-thirds of the 
members of each house, to be recorded by yeas and nays on the journals 
of each house respectively ; and every such law shall levy an annual tax 
sufficient to pay the annual interest of such debt, and also a tax suffi- 
cient to pay the principal of such debt within five years from the final 
passage of such law by the second legislature, and shall specially ap- 
propriate the proceeds of such taxes to the payment of such principal 
and interest; and such appropriation shall not be repealed, and such 
taxes shall not be repealed, postponed, or diminished, until the prin- 
cipal and interest of such debt shall have been wholly paid. 

“Section 10. All debts authorized by the preceding section shall be 
contracted by loan on state bonds, of amounts not less than $500 each, 
on interest payable within five years after the final passage of the law 
authorizing such debt, and such bonds shall not be sold for less than 
par. A correct registry of all such bonds shall be kept by the treas- 


406 WISCONSIN HISTORICAL COLLECTIONS  [Nov.9 


urer in numerical order so as always to exhibit the number and 
amount issued, the number and amount unpaid, and to whom severally 
made payable. 

“Section 11. On the final passage in either house of the legisla- 
ture of any law which imposes, continues, or renews a tax, or creates 
a debt or charge, or makes, continues, or renews an appropriation of 
public trust money, or releases, discharges, or commutes a claim or de- 
mand of the state, the question shall be taken by yeas and nays, which 
shall be duly entered on the journals; and three-fifths of all the mem- 
bers elected to each house shall in all such cases be required to con- 
stitute a quorum therein. 

“‘Section 12. The money arising from any loan made or debt or lia- 
bility contracted shall be applied to the work or object specified in the 
act authorizing such debt or liability, or to the repayment of such debt 
or liability, and to no other purpose whatever.’’ 


ARTICLE ON CORPORATIONS OTHER THAN MUNICIPAL 


“Section 1. Corporations may be formed under general laws; but 
no corporation shall be created, extended, or renewed by special act, 
except in the cases and manner authorized by this article and the article 
on municipal corporations. 

“‘Section 2. The legislature shall have power to alter, amend, or re- 
peal all general laws for incorporations, and all corporations formed 
thereunder shall be thereby altered, amended, or repealed. 

“Section 3. Every general law for incorporations shall embrace only 
one distinct special object of incorporation, which shall be expressed in 
the title thereof, and no corporation shall be organized under any two 
acts, general or special. 

“Section 4. The legislature shall have power to incorporate by 
special act any corporation for special objects of internal improvement ; 
but no such act shall embrace more than one distinct and special work; 
and no such act shall take etfect until it shall have been passed by two 
successive legislatures, by a majority of all the members elected to each 
house, to be ascertained by yeas and nays to be duly entered on the 
journals of each house respectively. 

“‘Section 5. The legislature shall have power to pass special acts of 
incorporation for purposes other than internal improvements, in cases 
in which the objects of the incorporation could not in the judgment 
of the legislature be obtained under any general law; but no such act 
shall take effect until it shall have been passed in the same manner pro- 
vided in the preceding section of this article. 

“‘Section 6. The legislature shall have power to alter, amend, or re- 
peal any special act of incorporation by a majority of two-thirds of 
the members elected to each house of one legislature; or by a major- 
ity of all the members elected to each house of two successive legisla- 
tures, and in all such cases the votes shall be taken by yeas and nays 
to be duly entered on the journals. 


1846] THE CONSTITUTION OF 1846 407 


*‘Section 7. All members of every corporation formed under any 
general or special law shall individually be jointly and severally liable 
for all debts and liabilities of such corporation contracted or incurred 
at any time before they respectively finally ceased to be members of 
such corporation or during three months thereafter; and no member 
of any corporation shall be released from such liability by the repeal 
or dissolution of such corporation. 

**Section 8. The legislature shall in all general and special acts of 
incorporation provide for some convenient record, to be kept by some 
public officer in the county in which the principal place of business of 
each such corporation shall be, containing a full list of the names of all 
stockholders of such incorporation, their respective residences, the day 
when each ceases to be such stockholder, and to whom his stock is 
transferred ; and no person ceasing to be a stockholder in any corpora- 
tion shall be freed from liability for the debts and liabilities of such 
corporation contracted or incurred after he ceased to be a stockholder 
therein until three months after such record shall have been made. 

“Section 9. Neither the state, nor any county, town, or municipal 
corporation shall be a stockholder in any corporation.’’ 


RESOLUTIONS 


““Resolved, That the legislature shall, at its first session, pass an act 
forever refusing the assent of this state to the provisions of an act of 
Congress entitled ‘An Act to grant a quantity of land to the territory 
of Wisconsin, for the purpose of aiding in opening a canal to connect 
the waters of Lake Michigan with those of Rock River,’ approved the 
eighteenth day of June, 1838, and refusing the grant therein made, 
and refusing to assume the trusts thereby created. 

““Resolved, That the state of Wisconsin does hereby refuse to as- 
sent to the provisions of an act of Congress, entitled ‘An Act to grant 
a certain quantity of land to aid in the improvement of the Fox and 
Wisconsin rivers, and to connect the same by a canal, in the territory 
of Wisconsin,’ approved the sixth day of August, 1846, and does here- 
by refuse the grant thereby made; but does hereby request Congress 
to pass an act granting the net proceeds of the lands granted by the 
act last mentioned, when sold by the United States under the laws and 
regulations of their land offices to this state in aid of the work men- 
tioned in the said act, to be paid over to the proper officer of this state 
from time to time, and in case Congress shall pass such an act, then 
the funds accruing from such grant are hereby irrevocably pledged to 
the work mentioned in the said act of the sixth day of August, 1846. 

“*Resolved, That Congress be requested upon the admission of this 
state into the Union to pass an act whereby the grant of 500,000 acres 
of land to which this state is entitled by the provisions of an act of 
Congress entitled ‘An Act to appropriate the proceeds of the sales of 
the public lands, and to grant preémption rights,’ approved the fourth 
day of September, 1841, and also the five per centum of the net pro- 
ceeds of the public lands lying within this state, to which this state 


408 WISCONSIN HISTORICAL COLLECTIONS  [Nov.9 


shall become entitled on her admission into the Union, by the provi- 
sions of an act of Congress entitled ‘An Act to enable the people of 
Wisconsin Territory to form a constitution and state government, and 
for the admission of such state into the Union, approved the sixth 
day of August, 1846, shall be granted to this state for the use of 
schools, instead of the purposes mentioned in that behalf in the said 
acts of Congress respectively. 

“‘Resolved, That the foregoing resolutions be appended to and signed 
with the constitution of this state, submitted therewith to the people 
of this territory, and to the Congress of the United States.’’ 

Which was referred to the committee of the whole and ordered to be 

rinted. 
i Mr. Lovell asked that leave of absence be granted to Mr. Ryan, 
which was agreed to. 

Mr. Steele introduced the following resolution, to wit: ‘‘Resolved, 
That the officers of this convention be allowed the same rates of mile- 
age in coming to and returning from this place as members of the con- 
vention.’’ 

Mr. Noggle introduced the following resolution, to wit: ‘‘Resolved, 
That the treasurer of the territory be instructed to pay to Joseph Kin- 
ney Jr. the sum of fifteen dollars, his mileage for seventy-five miles 
travel in coming to attend this convention as a delegate. And the rules 
having first been suspended for that purpose, the said resolution was 
taken up and adopted. 

Mr. O’Connor introduced the following resolution, which was read, 
to wit: ‘‘Resolved, That the superintendent of territorial property be 
requested to purchase four reams of wrapping paper and wafers for 
the use of the convention, and that the treasurer be requested to pay 
the same on the draft of the superintendent.’’ Mr. Noggle moved that 
the rules be suspended in order that the said resolution be considered 
now, which was agreed to. The said resolution was then adopted. 

Resolution No. 2 of Saturday, relative to the disqualification of mem- 
bers of this convention from holding any office under the state govern- 
ment for two years, was taken up, when Warren Chase moved that the 
said resolution be laid on the table, which was agreed to. 

Resolution No. 1 of November 7, relative to the sergeant at arms, was 
taken up, when Mr. O’Connor moved that the said resolution be laid 
on the table, which was agreed to. 

Resolutions Nos. 3 and 4 of November 7, introduced by Mr. Clothier, 
were taken up and on motion laid on the table. 

The unfinished business of Saturday last was then taken’ up, being 
No. 18, ‘‘ Article on the executive of the state.’’ Mr. Agry moved that 
said article be postponed and made the special order of the day for 
Saturday next, which was disagreed to. And the question being on 
concurring in the amendments reported by the committee of the whole 
to said article, a division of the question was called for. And the ques- 
tion being on concurring in the first amendment of the committee of 
the whole thereto, Mr. Prentiss moved to amend the same by striking 
out the words ‘‘shall reside at the seat of government.’’ And the ques- 


1846] THE CONSTITUTION OF 1846 409 


tion having been put, it was decided in the affirmative. And the ayes 
and noes having been called for and ordered, those who voted in the 
affirmative were [affirmative 66, negative 15; for the vote see Appendix 
I, roll call 89]. Sid, 

Mr. Beall moved to amend the amendment as amended by striking 
out the number ‘‘fifteen hundred,’’ and inserting the number ‘‘eight 
hundred.’’ And the question having been put, it was decided in the 
affirmative. And the ayes and noes having been called for and or- 
dered, those who voted in the affirmative were [affirmative 43, nega- 
tive 40; for the vote see Appendix I, roll call 90}. 

Asa Kinne moved to amend by striking out the fifth section and 
inserting as follows: ‘‘The governor shall receive as a compensation 
for his services, annually, the sum of $1,000.’’ And the question hav- 
ing been put, it was decided in the affirmative. And the ayes and noes 
having been called for and ordered, those who voted in the affirma- 
tive were [affirmative 54, negative 28; for the vote see Appendix I, 
roll call 91]. 

Mr. Elmore moved to amend by striking out all after the word “‘gov- 
ernor’’ and inserting ‘‘shall receive such compensation as the legislature 
may by law direct, which compensation shall not be increased or dimin- 
ished during the term for which he was elected,’’ when Moses M. Strong 
called for the previous question, which was not ordered. 

The question was then put on the adoption of the amendment of Mr. 
Elmore, and was decided in the negative. 

Mr. Steele moved to amend by striking out all after the word “‘gov- 
ernor’’ and inserting the following words, to wit: ‘‘shall for the term 
of ten years after the adoption of this constitution receive as a com- 
pensation for his services, annually, the sum of $800, and shall receive 
thereafter such sum as shall be established by the legislature, not ex- 
ceeding the sum of $1,500 per year.”’ 

And the question having been put, it was decided in the negative. 

And the ayes and noes having been called for and ordered, those 
who voted in the affirmative were [affirmative 14, negative 66; for the 
vote see Appendix I, roll call 92]. 

The said amendment as amended was then concurred in. 

Mr. Steele moved to amend the sixth amendment of the committee 
of the whole to said article by striking out the word ‘‘ten’’ and in- 
serting the word ‘‘five,’’ which was disagreed to. 

The remaining amendments of the committee of the whole to said 
article were then concurred in. 

Mr. Tweedy moved to amend the second section by striking out all 
after the word ‘‘yearly,’’ in the fourth line, and adding the following, 
‘‘such sum as shall be prescribed by law, not exceeding $1,000; and 
shall keep his office at the seat of government,’’ when Mr. Bevans 
moved to amend the amendment by striking out the words ‘‘not ex- 
ceeding $1,000,’ which was disagreed to. And a decision having been 
called for, there were 18 in the affirmative and 27 in the negative. 

Mr. Bennett moved to [amend the] amendment by striking out the 
words ‘‘not exceeding $1,000’’ and inserting ‘‘not exceeding $500 for 
the first ten years,’’ which was disagreed to. 


410 WISCONSIN HISTORICAL COLLECTIONS _ [Nov.9 


J. Allen Barber moved to amend the amendment by striking out the 
words ‘‘not exceeding $1,000”’ and inserting ‘‘$800 per annum for the 
first ten years,’’ which was disagreed to. And a division having been 
called for, there were 20 in the affirmative and 34 in the negative. 

The question then recurred on the amendment of Mr. Tweedy, and 
having been put, it was decided in the affirmative. And a division 
having been called for, there were 41 in the affirmative and 5 in the 
negative. 

Mr. Noggle moved to amend the second section by inserting after 
the word ‘‘state,’’ in the first line, the words ‘‘who shall ex-officio be 
the auditor,’’ and by striking out, the words ‘‘an auditor,’’ which was 
agreed to. 

Mr. Bennett moved to amend by inserting before the words ‘‘unless 
the legislature,’’ in the twelfth section of said article, the words ‘‘and 
all bills which shall have been presented to the governor twelve hours 
before the end of the session of the legislature shall be signed by him, 
or returned with his objections,’’ which was disagreed to. And a 
division having been called for, there were 26 in the affirmative and 29 
in the negative. 

Marshall M. Strong moved to amend by striking out the thirteenth 
section and inserting the following, to wit: 

““Every bill which shall have passed both houses of the legislature 
shall be presented to the governor. If he approve, he shall sign it 
and transmit it to the secretary, but if not, he shall return it to the 
house in which it originated, with his objections, which shall be en- 
tered on the journal of the house; and if such house shall upon reecon- 
sideration again pass it by a majority of all the persons elected to such 
house, it shall be sent, with the objections, to the other house, and if 
approved also by a majority of all the persons elected to that house, 
it shall become a law; but in such cases the votes of both houses shall 
be determined by ayes and nays and the names of the members voting 
for or against the bill shall be entered on the journal of each house 
respectively. If any bill shall not be returned by the governor within 
three days after it shall have been presented to him, the same shall 
become a law in like manner as if he had signed it. And all bills 
which shall have been presented to the governor twelve hours before 
the end of the session of the legislature shall be signed by him or 
returned with his objections.’’ 

Wm. R. Smith moved to amend the amendment by striking out the 
word ‘‘three’’ and inserting the word “‘ten,’’? which was agreed to. 

Mr. Lovell moved to amend the amendment by striking out all after 
the words ‘‘signed it,’’ which was disagreed to. And a division hav- 
ing been called for, there were 11 in the affirmative, negative not 
eounted. 

The question then recurred on the amendment offered by Marshall 
M. Strong. And having been put on the adoption of the said amend- 
ment, it was decided in the negative. And the ayes and noes having 
been called for and ordered, those who voted in the affirmative were 
|affirmative 19, negative 56 ; for the vote see Appendix I, roll call 93). 


1846] THE CONSTITUTION OF 1846 411 


Mr. O’Connor moved that the convention take a recess until two 
o’clock, P. M., which was agreed to. And a division having been called 
for, there were 46 in the affirmative, negative not counted. 


TWO O’CLOCK, P. M. 


No. 18, ‘‘ Article on the executive of the state,’’ was taken up, when 
Asa Kinne moved to amend the third section of the article on the 
administrative powers by striking out all after the word ‘‘yearly’’ and 
insert/ing] as follows, to wit: ‘‘A sum to be prescribed by law, not 
exceeding dollars, which shall not be increased or diminished dur- 
ing the term for which they shall have been elected’’; and strike out 
all after the word ‘‘auditor.”’ 

Mr. Hackett moved to fill the blank with 500, which was disagreed to. 

Warren Chase moved to amend the amendment by striking out all 
after the word ‘‘law,’’ which was disagreed to. The amendment as 
amended was then adopted. 

Wm. R. Smith moved to amend the fourth section of said article 
by striking out the following words, to wit: ‘‘No officer named in this 
article shall charge, take, or receive to his own use, any fees or per- 
quisites in his office,’’? which was agreed to. 

Mr. Clothier moved to amend by adding to the first section as fol- 
lows, ‘‘and shall not be eligible to the same office more than four 
years in a term of six years,’’ which was disagreed to. 

Wm. R. Smith moved to amend by striking out the word ‘‘three,’’ 
in the ninth line of the third section, and inserting in lieu thereof the 
word ‘‘five,’? which was disagreed to. And a division having been 
ealled for, there were 23 in the affirmative and 33 in the negative. 

Wm. R. Smith moved to amend the said article by striking out the 
fifth section thereof, which was agreed to. And a division having been 
called for, there were 37 in the affirmative and 17 in the negative. 

Mr. Lovell moved to amend the fourth section by striking out the 
words ‘‘such officer’’ and inserting the words ‘‘officer named in this 
article,’ which was agreed to. 

Mr. Hicks moved to amend the second section by striking out the 
words ‘‘a citizen of the United States and,’’ when Asa Kinne called 
for the previous question, which was ordered. And the question hav- 
ing been put, ‘‘Shall the main question be now put?’’ it was decided 
in the affirmative. 

The question was then put on the amendment of Mr. Hicks and 
decided in the negative. And the ayes and noes having been called for 
and ordered, those who voted in the affirmative were [affirmative 15, 
negative 58; for the vote see Appendix I, roll call 94]. 

The said article was then ordered to be engrossed for a third reading. 

No. 12, ‘‘Article on the organization and officers of counties and 
towns, and their powers and duties,’’ was then taken up, when Mr. 
Phelps moved to amend the first section thereof by striking out the 
words ‘‘town and,’’ which was disagreed to. 


412 WISCONSIN HISTORICAL COLLECTIONS  [Nov.9 


Mr. Judd moved to amend by inserting after the word “‘boards’’ the 
words ‘‘of supervisors’’ in the first line of the second section of said 
article, which was agreed to. 

N. F. Hyer moved to amend the third section by striking out 374 
and inserting 576 which was disagreed to. 

A. Hyatt Smith moved to amend the fourth section thereof by in- 
serting after the word ‘‘ineligible’’ the words ‘‘to the same office,’’ 
which was agreed to. 

Mr. Dennis moved to amend the third section of said article by strik- 
ing it out. 

A. Hyatt Smith moved to amend the third section by striking out 
of the proviso the words ‘‘not exceeding in number the said cities,’’ 
which was agreed to. And a division having been called for, there 
were 28 in the affirmative and 26 in the negative. 

Mr. Huebschmann moved to amend by striking out the proviso, which 
was disagreed to. 

The question was then put on the amendment of Mr. Dennis and 
was decided in the affirmative. And a division having been ealled 
for, there were 51 in the affirmative, negative not counted. 

Mr. Judd moved to amend the second section by striking out the 
words ‘‘county boards’’ and inserting in lieu thereof the words ‘‘ boards 
of county officers,’’ which was agreed to. 

George B. Hall moved to amend the said article by striking out the 
words “‘in every three years,’’ in the fourth section thereof, and in- 
serting in lieu thereof the word “‘annually,’’ which was disagreed to. 

A. Hyatt Smith moved to amend the second section by striking out 
the word ‘‘they’’ and the word ‘‘prescribe’’ and inserting the words 
““be prescribed by law.”’ 

Mr. Brace called for the previcus question, which was ordered. And 
the question having been put, ‘‘Shall the main question be now put?”’ 
it was decided in the affirmative. 

The question was then put on the amendment of A. Hyatt Smith 
and was decided in the affirmative. 

The question was then put on concurring in the amendments of the 
committee of the whole as amended and was decided in the affirma- 
tive. The said article was then ordered to be engrossed for its third 
reading. 

The resolution introduced by Mr. Randall, relative to colored suf- 
frage, was then taken up, when Mr. Whiteside moved that the said 
resolution be laid upon the table. And the question having been put, 
it was decided in the negative. And the ayes and noes having been 
called for and ordered, those who voted in the affirmative were 
[affirmative 31, negative 50; for the vote see Appendix I, roll eall 95]. 

Mr. Judd moved that the said resolution be read the first and see- 
ond times and referred to the committee of the whole, which was 
agreed to. . 

Mr. Chase moved that the further consideration of No. 9, ‘‘ Article 
on collection of debts,’’ be postponed until Saturday next and be made 
the special order of the day for that day, which was disagreed to. 


1846] THE CONSTITUTION OF 1846 413 


Mr. Clothier moved to amend the first section thereof by striking 
out the words ‘‘one hundred dollars’’ and inserting the words ‘‘twen- 
ty-five dollars,’’ which was disagreed to. 

Mr. Huebschmann moved to amend the said article by striking out 
the word ‘‘dollars’’ and inserting in lieu thereof the word ‘‘eents,’’ 
which was disagreed to. 

A, Hyatt Smith called for the previous question, which was sec- 
onded. And the question having been put, ‘Shall the main question 
be now put?’’ it was decided in the affirmative. 

The question was then put on ordering the said article to be engrossed 
for its third reading and was decided in the negative. And the ayes 
and noes having been called for and ordered, those who voted in the 
affirmative were [affirmative 18, negative 63; for the vote see Appen- 
dix I, roll call 96]. 

No. 19, ‘‘ Article on license,”’ was taken up, when Mr. Judd moved 
that the said article be referred to the same committee of the whole 
which shall have under charge No. 22, ‘« Article prohibiting the restric- 
tion of trade,’’ which was agreed to. 

The convention then resolved itself into committee of the whole for 
the consideration of No. 20, ‘‘ Article to abolish death as a capital pun- 
ishment,’’ Mr. Phelps in the chair. And after some time spent therein, 
rose and by their chairman reported the same back without amend- 
ment. 


Mr. Warren Chase then addressed the committee as follows: 

Mr. Cuarrman: It is with reluctance that IT arise to detain 
the committee for even a few minutes on this important sub- 
ject. I am aware of the vast amount of time uselessly spent 
on this floor in long speeches, often on trifling as well as im- 
portant subjects; but I cannot cast my vote on this subject 
without craving the privilege of expressing my earnest desire 
that the long cherished hope of the philanthropists of the age 
on the subject of capital punishment can be realized in the new 
and promising state of Wisconsin. I now call upon every 
friend of humanity, every man who feels within his breast the 
least spark of human brotherhood, to do his duty by attempt- 
ing to prevent that most shocking and heart-rending of all 
scenes in the history of American government—legalized mur- 
der. I could have hoped, had I not seen manifestations other- 
wise, that every member of this convention was prepared to 
express by his vote approbation of that principle long since 
settled in moral philosophy, that all punishment should be re- 
formatory and not revengeful; and also of that well-established 


414 WISCONSIN HISTORICAL COLLECTIONS . [Nov. 9 


principle of political government, that the law should take 
nothing from the individual which it cannot restore. I be- 
lieve, sir, it is a well-established principle that man has a nat- 
ural and inalienable right to life—a right derived from God, 
and of which he can be justly deprived only by the author of 
his existence—that the government is none the less guilty of 
murder, of cruelty, and of violation of the laws of God, when 
its victim is guilty of the same crime. Crime in the victim 
can never justify crime in the law. Long have the friends of 
justice and humanity in the eastern states of this Union strug- 
gled to blot from the laws of the land this long-cherished relic 
of the barbarous ages, and itis a source of joy to be able to say 
the work has already begun, and to entertain a well-founded 
hope that it will not cease until this stain is wiped out of the 
criminal laws of our country. 

I have and still do hope that the laws of the state of Wis- 
consin will never sanction the crime of murder—will never es- 
tablish within its borders that horrible picture, the very 
thoughts of which produce a gloom in the soul—the gallows or 
the chopping block. I have and I do hope that one state will 
enter this glorious union of states with a law forever prohib- 
iting this wicked, vindictive, and worse than useless mode of 
punishing crime, I say worse than useless—yes, sooner would 
I set a mark upon the victim as God did upon Cain and let 
him go to meet the withering gaze of every human face; but 
let him live to say, *“My punishment is greater than I can 
bear.’? Let no one Suppose me to be opposed to punishing 
crime, for I am not; but I do contend that all punishment 
should be to reform the criminal and not to revenge the in- 
jured. I am aware, sir, that many of the advocates of the 
death penalty deny its principle of revenge and claim that it 
should be instituted to excite and arouse the fears of commun- 
ity—that the fear of speedy death may prevent the commis- 
sion of great crimes. Let us examine this reason and see if 
it will not fade and vanish entirely. Have not the clergy al- 
ready ceased to preach the ‘‘fear of hell’’ as a justifiable mo- 
tive for repentance; has not the principle been fully and firmly 
established that in this enlightened day and age of humanity 


1846] THE CONSTITUTION OF 1846 415 


man cannot be governed by fear, even though he be sufficiently 
wicked, corrupt, and depraved to take the life of his brother? 
Who does not repudiate the very thought that man, like the 
brute, can be kept in the path of duty by the fear of the lash 
or the pillory, or even ‘‘the fear of hell and the hangman’s 
rope?’’? Iknow, sir, that our children are still taught that ‘‘the 
idle fool is whipped at school’’; but even this species of cor- 
poral punishment is fast fading before the philosophy of the 
age in the schools of our country. Shall not the laws of our 
country in the government of man keep in advance of the 
school-boy discipline of the age? The fear of the rod does not 
restrain the rogue; the fear of death does not restrain the 
murderer. 

There are some who join with us in attempting to remove 
this evil and wicked law from our land, prompted by motives 
entirely different from those which prompt my action, believ- 
ing the object to be a great and good one. I cordially and 
cheerfully codperate with them to accomplish it, never stop- 
ping by the way to inquire what motive prompts their action. 
T allude to those who believe that solitary confinement is a much 
more severe and a much more to be dreaded punishment than 
hanging by the neck until dead. To some it may be so, but 
to me I confess it seems much better to allow the criminal am- 
ple time to hold communion with himself, to reflect upon his 
course, and to prepare, if he will, as well as he can, to meet 
that eternal and universal law of divine justice which he ean- 
not evade and which we must all abide, and by which all our 
actions and motives must be tried. Let us, then, have one 
state to grace the national Union with a banner inscribed by 
her code of laws unstained by the crime of murder; let us 
acknowledge by our acts here that He who giveth life alone 
hath the right to take it—that we are in advance of that age 
which required ‘‘an eye for an eye, and a tooth for a tooth,”’ 
and he who slays by the sword must be slain by the sword. 
Let us acknowledge the time already come when 


The pen shall supersede the sword, 
And right, not might, shall be the lord. 


—Express, Nov. 17, 1846. 


416 WISCONSIN HISTORICAL COLLECTIONS  [Nov. 9 


Marshall M. Strong moved to amend by striking out the words ‘‘and 
solitary.’’? And the question having been put, it was decided in the 
affirmative. And the ayes and noes having been called for and ordered, 
those who voted in the affirmative were [affirmative 63, negative 11; 
for the vote see Appendix I, roll call 97]. 

Horace Chase moved to amend by striking out the words ‘‘as a pen- 
alty,’? when Mr. Elmore called [for] the previous question, which was 
seconded. And the question having been put, ‘‘Shall the main ques- 
tion be now put?’’ it was decided in the affirmative. 

The question was then put on the amendment of Mr. Chase and was 
decided in the negative. 

The question was then put on ordering the said article to be engrossed 
for its third reading, and having been put, was decided in the affirma- 
tive. And the ayes and noes having been called for and ordered, those 
who voted in the affirmative were [affirmative 55, negative 22; for. the 
vote see Appendix I, roll call 98]. 

The convention then resolved itself into committee of the whole on 
No, 21, ‘‘ Article prescribing the political year of the state,’? Mr. Baird 
in the chair. And after some time spent therein, the committee rose 
and reported the same back without amendment. The said article was 
then ordered to be engrossed for its third reading. 

Mr. Judd moved that the convention do now adjourn, which was dis- 
agreed to. And a division having been called for, there were 32 in 
the affirmative and 38 in the negative. 

The convention again resolved itself into committee of the whole 
for the consideration of No. 19, ‘‘Article on license,’’ and No. 22, 
“‘Article prohibiting the restriction of trade,’’ Marshall M. Strong in 
the chair. And after some time spent therein, rose and reported the 
same back without amendment. 

Mr. Baird moved that No. 19, ‘‘ Article on license,’’ be laid upon the 
table, which was agreed to. 

Horace Chase moved that the further consideration of No. 22, ‘‘ Ar- 
ticle prohibiting the restriction of trade,’’ be indefinitely postponed, 
which was disagreed to. 

Horace Chase moved to amend by adding the following: ‘‘Seetion 2. 
The legislature [shall] have no power to pass any law restricting vice 
of any kind whatever.”’ 

Mr. Agry moved the previous question, which was ordered. And 
the question having been put, ‘‘Shall the main question be now put?’’ 
it was decided in the affirmative. 

The question was then put on the-amendment of Mr. Chase and was 
decided in the negative. 

The question was then put on ordering the said article to be en- 
grossed for its third reading and was decided in the negative. And 
the ayes and noes having been called for and ordered, those who voted 
in the affirmative were [affirmative 12, negative 62; for the vote see 
Appendix I, roll call 99]. 

On motion of Mr. O’Connor the convention adjourned. 


1846] THE CONSTITUTION OF 1846 417 


Turspay, NovEMBER 10, 1846 


Prayer by the Rev. Mr. McHugh. 

The journal of yesterday was read and corrected. 

Mr. Gibson presented the petition of G. D. Curtis and eight others, 
asking that the elective franchise may be extended to people of color, 
and moved its reference to the same committee of the whole to which 
the resolution relative to colored suffrage had been referred, which 
was agreed to. 

Mr. Hunkins, from the committee on engrossment, reported articles 
Nos. 20 and 21, and Marshall M. Strong, from the same committee, re- 
ported articles Nos. 12 and 18 as correctly engrossed. 

Mr. Fuller introduced the following resolution, to wit: ‘‘ WHEREAS, 
the custom of licensing theatrical shows and exhibitions, the sale of 
lottery tickets and of intoxicating liquors recognizes such exhibitions 
and sales as tending to weaken and debase the public morals, and con- 
sequently to work evil to the foundation principles of a republican 
government, therefore, Resolved, That the committee on the powers 
and restrictions of the legislature be instructed to report an article 
prohibiting the legislature from licensing or permitting by their sanc- 
tion such sales and exhibitions in this state.’’ 

Mr. James introduced the following resolution, which was read, to 
wit: ‘‘Resolved, That it is contrary to the true meaning and intent 
of this convention for members to leave on business of an ordinary 
nature, that each member of this convention, in order to discharge the 
duties imposed upon him by his constituents, should at all times be 
present, unless on account of sickness or some providential hindrance. 

‘‘Therefore, Resolved, That no member of this convention shall be 
entitled to receive any pay as such member during his absence from 
this convention, unless on account of sickness or some providential 
hindrance, which shall be shown satisfactorily to this convention.’’ 

The resolution introduced by Mr. Steele on yesterday relative to 
the mileage of the officers of this convention was taken up. And the 
question having been put on the adoption of the said resolution, it 
was decided in the negative. And the ayes and noes having been called 
for and ordered, those who voted in the affirmative were [affirmative 3, 
negative 75; for the vote see Appendix I, roll call 100]. 

No. 12, ‘‘Article on the organization and officers of counties and 
towns and their power and duties,’’ was then taken up and read the 
third time when Mr. Dennis moved that the same be recommitted to 
the committee of the whole, which was disagreed to. The question 
then recurred on the passage of the said article. And having been put, 
it was decided in the negative. And the ayes and noes being required 
by the rules, those who voted in the affirmative were [affirmative 10, 
negative 70; for the vote see Appendix I, roll call 101]. 


27 


418 WISCONSIN HISTORICAL COLLECTIONS _ tnov. 10 


No. 18, “‘ Article on the executive of the state,’’ was then taken up 
and read the third time. And the question having been put on the 
passage of the said article, it was decided in the affirmative. And the 
ayes and noes being required by the rules, those who voted in the 
affirmative were |affirmative 69, negative 11; for the vote see Appen- 
dix I, roll call 102]. 

So the article passed, and the title thereof was agreed to. 

No. 20, ‘‘Article to abolish death as a capital punishment,’’ was 
then taken up, and read the third time, when Geo. Hyer moved that 
the convention take a recess until this afternoon at two o’clock P. M., 
which was disagreed to. 

Moses M. Strong moved that the convention take a recess until two 
o’clock, P. M., which was agreed to. 


TWO O’CLOCK, P. M. 


No. 20, ‘‘Article to abolish death as a capital punishment,’’ it be- 
ing the business in order, was taken up, when Warren Chase moved 
that the further consideration of said article be postponed until one 
week from Tuesday next, which was agreed to. And a division having 
been called for, there were 49 in the affirmative, negative not counted. 


The article abolishing the death penalty being on its third 
reading, Mr. Judd said that he rose in opposition to the article 
and when he recollected the large majority by which this ar- 
ticle had been ordered to a third reading yesterday he con- 
fessed that he felt unusually embarrassed, as he knew that he 
was to encounter fearful odds. Under such circumstances, 
nothing but an overpowering sense of duty could have pre- 
vailed upon him to detain the convention with any remarks. 

It will be recollected by members that this article was hur- 
ried through the committee and ordered to a third reading 
without discussion or debate, except that the gentleman from 
Fond du Lac (Mr. W. Chase) had made a few remarks in its 
favor, while it would be admitted by all that it was one of the 
most grave and important subjects that had been presented 
to this convention for its deliberation, or that could be pre- 
sented to any body of men, anywhere, for their consideration. 

This, sir, (said Mr. Judd) is no less than a proposition to 
overturn all the legislation of the whole world, from the earli- 
est ages down to the present time, in relation to one of the most 
important and prominent subjects ever committed to human 
regulation. It proposes to abolish by constitutional enactment 


1846] THE CONSTITUTION OF 1846 419 


the punishment of death in any case. Sir, is this a proposition 
to be adopted in an hour and without debate? Certainly, if 
any subject demands serious deliberation, it is this. One of 
the highest attributes of government is to provide adequate 
punishment for the commission of crimes. The crime of mur- 
der has been, at all times, in all countries, among every kindred 
and tongue, and in every condition in which man has been 
found to exist, considered as of the greatest magnitude and as 
occupying the first rank in the catalogue of crime. Hence all 
governments, both civilized and savage, have made it one of 
their first objects to provide for its punishment; and true it is, 
sir, that they have all, with singular unanimity, and as it is 
believed without an exception, declared it worthy of death, and 
have provided for its infliction. Why is this so? Because it 
is perfectly in consonance with the first impulse of the human 
heart. Let any man examine himself calmly and dispassion- 
ately upon this question, and the first and only conclusion to 
which he can come will be that the murderer is worthy of death 
—thus justifying that divine law which declares that ‘‘Who so 
sheddeth man’s blood, by man shall his blood be shed.’’ This 
is a true proposition and is a safe index to all civilized gov- 
ernments, by which their action should be regulated. 

It was intimated (if not positively stated) by the gentleman 
from Fond du Lac (Mr. W. Chase) that ‘‘we had no right to 
take life by way of punishment, because we are taking that 
which we could not give.’? Is this true, Mr. President? And 
will it bear examination as a correct principle? Why is this 
asserted? Because it was at the same time declared ‘‘That 
as God gave life, so He alone had a right to take it.’’ If this 
be a legitimate conclusion, sir, where do those who hold this 
faith obtain their right to imprison for life? Or even to im- 
prison at all, thus depriving an individual of his natural lib- 
erty? For surely God gave liberty at the same time that He 
gave life! As the natural gift of God the one is coequal with 
the other; and depriving an individual of liberty is just as 
much a violation of the principle as taking life—the two acts 
differing only in degree, being precisely alike so far as the 
principle is concerned. If you cannot abridge life for the com- 


420 WISCONSIN HISTORICAL COLLECTIONS _ [nov. 10 


mission of crime, then certainly you cannot abridge personal 
liberty or natural freedom! The one is as much a violation 
of the position assumed as the other. 

Now, sir, this whole position is false and untenable; it can- 
not be maintained in any true sense consistent with the theory 
or practice of government. The true and only reason why any 
government can inflict death or any other punishment is be- 
cause the individual has by his own act violated some known 
provision of law entered into for the common good and com- 
mon safety and has therefore forfeited his life, or liberty, as 
the case may be. This is the true and only reason, and hence 
the uniform practice. You declare by your laws and publish 
them to the world ‘‘that whoever commits the act of murder 
shall suffer death’’; and by another act you declare ‘‘that who- 
ever commits felony to a certain degree shall be imprisoned 
in the state prison for a term of five years.’’ And now sup- 
pose two prisoners are found guilty of these offenses, the one 
for murder and the other for felony. Has the one any more 
right or just reason to complain of the law upon the principle 
of the right in the government to enact it than the other? 
Most certainly not; there can nothing be stated more clearly 
correct—for if the government have a just right in one ease, 
it most certainly has in the other. ’ 

And now, sir, what is the great object of punishment? Ac- 
cording to his understanding, it was twofold: One object was, 
as far as practicable, to reform the guilty; the other, and by 
far the greater, was to operate as an example to all the com- 
munity, and to warn all others from the perpetration of a like 
offense. It has been said ‘‘that the whole object of punish- 
ment was to reform the guilty.’’ He denied the correctness 
of the assertion and would not admit that such was even the 
principal object. The principal object was in his judgment 
the protection and sefety of the whole community. If there- 
fore this protection and safety required the infliction of death 
as a penalty for murder, was it not right that it should be in- 
flicted? Who can say, that when any individual has so far 
forgot his duty to the community in which he lives and becomes 
so regardless of the laws of both God and man as to raise his 


1846] THE CONSTITUTION OF 1846 421 


hand against his fellow man and murder him, that he is not 
worthy of death, and has thus by his own act rendered him- 
self unfit to live? It is admitted that murder is the greatest 
offense which man can commit against his fellow—before this 
offense all others dwindle into insignificance and become of 
little account. There is, therefore, a peculiar fitness that it 
should stand equally prominent in the catalogue for punish- 
ment. And if the great object of that punishment be as he 
had already stated to operate as a warning to others, what, 
he would ask, was calculated to make so deep and lasting an 
impression as death? This, sir, was the last act of man, and 
however it might be regarded in theory, it was in practice 
awful and terrific; and none could contemplate it without ‘*fear 
and trembling.’’? It was justly declared “‘to be the king of 
terrors!’?? From its very nature, therefore, it was calculated 
to have greater influence than any other mode of punishment 
yet devised, and indeed than every other combined. 

Mr. Judd said he proposed to say a few words in relation 
to the effect of imprisonment for life as a punishment for mur- 
der, especially as to its effects upon the prisoner. Let this 
be the known law of the state, every vicious and wicked or 
malicious-minded person is apprised of the utmost penalty for 
committing this crime. He would ask members of this con- 
vention carefully to consider, that they might deliberately 
answer the question—if they believed such a penalty would 
operate with as much force upon the mind of those as if the 
penalty was death? It did seem to him that there could be but 
one answer to this question. There is another view of this 
subject: Every man knows more or less of the secret and in- 
ternal action of the human mind, and how apt and prone it is 
to entertain hope, that sweet solace, even under the most dis- 
couraging circumstances; and can anyone for a moment doubt 
the continued operation of this principle in the mind of the 
guilty, condemned, and imprisoned individual? Who has ever 
heard of one under such circumstances that did not entertain 
the hope of escape? And how often have such escapes been 
effected, even under the most improbable circumstances? He 
need not call the attention of gentlemen to the numerous cases 


422 WISCONSIN HISTORICAL COLLECTIONS [Nov.10 - 


which have occurred within the last few years and were con- 
tinually occurring in the state prisons in New York, where, 
perhaps, the state prisons and the system of discipline had ar- 
rived at as great a state of perfection as anywhere in the world. 
Such occurrences were frequent in those prisons, and such, he 
believed, would continue to be the case in all time to come. 

While upon this branch of the subject, Mr. Judd said that he 
could not more forcibly illustrate his views than by relating 
an anecdote which happened several years since in the state 
of New York when he held the office of justice of the peace: 
A young man was brought before him charged with ‘‘assault 
and battery.’? Upon the trial before a special sessions court 
he was convicted and sentenced to pay the costs of the prose- 
cution and to be confined thirty days in the county jail and be 
fed on bread and water only. He staid in jail the thirty days 
and was discharged. Two days thereafter he committed in the 
Same neighborhood, upon another person, an assault and bat- 
tery much more aggravated than the first, and when arrested 
and brought into court to answer the charge, he was inquired 
of how it happened, that so soon after having been liberated 
from jail on the former conviction, he had committed a similar 
offense for which he was then about to be put upon trial. His 
answer was that he had as leave be in jail as anywhere; he did 
not care anything for that, and if he could only have the priv- 
ilege of flogging such a fellow as Sam (meaning the complain- 
ant) he would willingly go to jail every thirty days during his 
life. Thus it is seen that in this case the fear of confinement 
did not prevent the party from committing the crime. And 
such he had reason to fear would be the ease with those who 
might be tempted to commit murder. 

Such facts had a thousand times more influence with him 
than all the theory in the world. You may pile up theory ‘‘line 
upon line and precept upon precept’’ until it becomes moun- 
tain high—still a little plain practical common sense had more 
weight with him than all of it from top to bottom. Besides 
the continued operation of hope for escape in the mind of the 
prisoner such as he had described would—nay, could anyone 
doubt but that a prisoner confined for life would at any time 


1846] THE CONSTITUTION OF 1846 423 


and at all times seize every or any opportunity which he 
thought afforded any prospect of escape? Most certainly not. 
To doubt this would be to deny all the ordinary impulses which 
are known to govern and control the human heart. Well, sir, 
suppose for the sake of the argument that you adopt this 
proposed article in the constitution of this state, and suppose 
a man has been convicted for murder and sentenced to the state 
prison for life, and you have got him into said prison under 
such sentence, and suppose he sees, as he thinks, an opportunity 
by which he can escape by killing his keeper, guard, or any 
other person who may stand in his way; do you think, sir, he 
would hesitate for one moment? Who can doubt in this case? 
And the case is certainly a supposable one, for such occurrences 
have frequently happened, where the prisoner was not con- 
fined for life; and now, suppose such prisoner has made such 
attempt and actually killed his keeper. How are you 
to punish him for this last offense? You cannot punish him at 
all. Do the advocates of this proposition wish to go this length? 
Is this to be the inevitable operation of the proposed article? 
He thought it would; and therefore he could not consent io it. 

There was another objection, though of minor importance; 
still it ought not to be overlooked in the argument. He alluded 
to the fact that there was not at the present time any state 
prison within the territory, nor was it in his power to anticipate 
the time when one would be erected and completed. The inev- 
itable consequence of the adoption of this article, for the pres- 
ent, at least, will be that persons convicted of murder will have 
to be confined in some of the county jails, and so far as he was 
informed and believed, there was not one jail in any county 
in the territory at this time which an ingenious and artful 
prisoner would not walk through in twenty-four hours. 

The gentleman from Fond du Lac (Mr. W. Chase) said in 
his remarks upon this subject in committee of the whole that 
he rejoiced the time had come when the philanthropist could 
rejoice that this relic of barbarous ages was about to be swept 
from the penal code of this new state, ete. 

Is this true, sir? Does the real philanthropist wish this arti- 
cle adopted in the constitution? What is philanthropy? 


424 WISCONSIN HISTORICAL COLLECTIONS  [nov. 19 


Mr. Judd said he understood it to be a universal love for 
all mankind, towards one as much as towards another; but 
certainly that love was more natural, when extended to the 
unfortunate and innocent, than when exerted for the guilty and 
depraved. How is this, sir—when an innocent and worthy 
member of the community is murdered in cold blood by a 
wicked and malicious person—are all our sympathies to be ex- 
tended towards the guilty wretch who has committed the mur- 
der? Are we so soon to forget the worth of the murdered? 
Has he no family, no children or connection, who are entitled 
to our commiseration? Is the true philanthropist at once to 
jump over all these considerations, and only to think of the 
murderer and of his fate? Sir, this is mock philanthropy— 
it is a morbid sympathy, diseased and sickly in its inception, 
and degrading in its effects. 

Mr. President, if this article be adopted, it will in effect, sir, 
totally overset and overturn upon this important subject the 
settled policy of the government of the United States, and the 
constitutional doctrine of every state in the Union, and he felt 
confident, he might add, that of every government in the civi- 
lized world. Is the convention prepared for so great an inno- 
vation upon the practice of all Christendom? Are we wiser 
than they? Are the delegates, here assembled, prepared to say 
by this act that upon this great and universal subject of leg- 
islation and governmental policy they are more worthy to pro- 
nounce judgment correctly, than all others? For one, he 
doubted the policy and could not consent to it. He was free 
to confess that he feared its consequences; he dreaded its 
effects and felt alarmed lest it should work a defeat of the 
constitution before the people. 

He was alarmed for another reason—he felt an abiding con- 
fidence that it would render life insecure. He feared innocent 
blood would be shed in profusion, while now its occurrence was 
rare. He was certain that he was not mistaken when he said 
the three great objects of government were ‘‘to secure life, lib- 
erty, and the pursuit of happiness’’; among these he regarded 
“‘life’’ as first, ‘‘liberty,’’ second, and the ‘‘pursuit of happi- 


1846] THE CONSTITUTION OF 1846 425 


ness,’’ last. He desired life to be made as sacred and secure as 
possible. Fearing the effects of this article he had felt bound 
to oppose it. He called upon members to consider this ques- 
tion well—reflect materially upon its consequences—and to be 
eareful lest.they should expose themselves to the charge of 
having contributed to the commission of the awful crime ot 
murder. Let every gentleman examine his conscience and act 
according to its dictates—Democrat, Nov. 14, 1846. 


W. R. Smith was one of those who had voted for the article, 
and in doing so he believed that he had been acting on the prin- 
ciples of right and in accordance with expediency; and he still 
was of the same opinion: I have been brought up in a state 
where but one crime was punished by death and that crime was 
not left to the common-law construction but was most espe- 
cially and guardedly defined by statute so that in the absence 
of proof of a single ingredient in the definition the criminal 
would not be punished with death. I was taught that the pen- 
alty of death for all other offenses was unnecessary, and I did 
not with fifty years’ experience see cause to doubt the truth 
of that instruction. 

Having grown up with these impressions it could scarcely 
be wondered at, that he should have voted for the proposition 
to abolish capital punishment. Still he was willing to submit 
to gentlemen whether the vote they had taken had not been a 
sufficient indication of the opinion of the convention to induce 
the legislature to enact the proper laws on the subject; and 
whether it would not be better to leave this whole matter to 
their action. He believed no state in the Union had gone so far 
as to incorporate such a provision in their constitution, but 
they had all left it to the legislature to enact such laws as from 
time to time should be found proper. Gentlemen could not 
certainly say that this principle would be acceptable to all the 
people, and if not, it may endanger the adoption of the consti- 
tution by them, and this consideration should have some weight 
with the members. There has been a decided majority of the 
convention who have given their votes for the principle of the 
article, and that vote would in his opinion leave its effect on 


4 


426 WISCONSIN HISTORICAL COLLECTIONS  [Nov.10 


the action of the legislature. He concluded by hoping that 
some member would make a motion to postpone this matter to 
some future day, when there would be a fuller house than there 
was at present in attendance, so that if it were to be adopted 
it would be done by a vote of all the members elected to the 
convention. 

Moses M. Strong said he was pleased with the remarks of 
his colleague, General Smith, that the adoption of this prin- 
ciple might endanger the adoption of the constitution by the 
people; he believed there was no member who could answer for 
all his constituents on this question ; if not, it might lumber up 
the constitution and might make some men vote against it. 
Abolish capital punishment for murder, and what, he would 
ask, will prevent the criminal sent to the state prison from kill- 
ing his keepers and all who shall oppose his escape? No state 
had gone to this extent in their criminal code. 

Another consideration which should have some weight with 
members was the fact of the present thinness of the convention, 
when about forty members can carry a measure which is to 
effect a great and untried change in the criminal law. This 
change is to be effected in a body where the salutary checks of 
two houses and the veto of the governor are unfelt—by a body 
elected, not with reference to, but without any expectation that 
they would pass such an article. 

J. Allen Barber said it had been his fortune as a prosecuting 
officer to be engaged in the prosecution of offenders and fre- 
quently to aid in the administration of the law against those 
guilty of the highest crime—the crime of murder—or to act in 
their defense. He said his position and connection in these 
prosecutions had made him intimately acquainted with the 
opinions and sentiments of the people in regard to the expe- 
diency and propriety of capital punishment. And that every 
year’s experience, all his acquaintance with the action of courts 
and juries, and the increasing and prevailing sentiment in the 
public mind against capital punishment had only strengthened 
his conviction that capital punishment ought to be abolished. 
But, said he, it is said by the gentleman from Dodge (Dr. Judd) 
that the sentiment pervading the public mind, this feeling of 


1846] THE CONSTITUTION OF 1846 427 


sympathy for the murderer, is a false philanthropy. He (Bar- 
ber) cared not by what name it be called; whether false or true 
philanthropy, or a morbid sensibility, it had become the almost 
universal opinion of the people of Wisconsin, and if the naked 
proposition could be submitted to a vote of the people, at least 
three-fourths of all the voters would say forever abolish the 
punishment of death, and substitute instead thereof confine- 
ment in the state prison for life. 

The gentleman from Dodge had also asserted that the sole 
object of punishment was to protect the public from a repetition 
of the crime. He did not so understand the law or its object. 
One object, he had always been taught, extending from the cor- 
rection of the child by the parent to the incarceration of the 
- most hardened offender, was the reformation of the wrong- 
doer. 

But in capital cases this great object of punishment had been 
entirely lost sight of, and the lex talionis and the protection of 
the community had been the only grounds of justifying such 
horrible punishment. 

He said the spirit of revenge had entered largely into the 
reasons for capital punishment. That in England, but a short 
time since, the culprit was directed to be hung in chains, there 
to rot and waste away, a horrid spectacle to humanity; and the 
reason assigned why he was denied sepulture, said the books, 
was that he might afford a comfortable sight to the friends of 
the deceased. But, said he, the gentleman from Dodge asserts 
that blood for blood is a divine command, and human legislators 
violate the divine authority when they attempt to substitute 
other punishment for murder. He would ask if the same book 
did not also show that the first murderer was sent away into 
exile instead of being sacrificed for his crimes. He remarked 
that the gentleman from Dodge had also claimed that the his- 
tory of all nations, savage, barbarous, and civilized, showed the 
uniform punishment of death for murder. 

But he (Barber) could also show from the same authority 
that death had also been the penalty for many other offenses 
among savage, barbarous, and civilized nations, and the argu- 


428 WISCONSIN HISTORICAL COLLECTIONS [Nov. 10 


ment was equally effective to justify capital punishment for 
other crimes as well as murder. . 

But admitting that in the Old Testament death was the pun- 
ishment prescribed for murder (of which many able writers 
doubt) was that command to all mankind and to all time to 
come? He had in vain examined to find any sanction of capi- 
tal punishment under the gospel dispensation. 

“‘Every punishment which does not arise from absolute ne- 
cessity is tyranical,’’ says Montesquieu. Is there any absolute 
necessity to take the life of the murderer in order to [main- 
tain] the protection of society? He contended there was no 
necessity, but that ample protection could be found in the con- 
finement of the offender. 

Even under the bloody codes of Rome and Greece and Judea 
there were cities and places of refuge to the culprit, whither 
if he fled and imposed a voluntary exile he escaped the punish- 
ment of death denounced against his crimes. 

But the gentleman from Iowa (Smith) had opposed the abol- 
ishing the death penalty as a novelty, and that no state in the 
Union had abolished it. He ( Barber) remarked that if capital 
punishment be wrong, it was expedient to blot it from the ecrim- 
inal code, whether any state or nation had ever done so. But 
that the gentleman from Iowa was entirely mistaken as to its 
novelty, for the fact was that Maine, Michigan, and Mississippi 
had abolished it, and Vermont had virtually done the same. 

What reason then to fear the experiment? It is admitted 
that a large majority of the people of Wisconsin are in favor 
of it. No advantage in policy can be lasting unless founded in 
the sentiments and hearts of the people. All have doubts of the 
expediency and right and a large majority believe the punish- 
ment wrong. 

Shall we hesitate to express the will of the majority? The 
time was when human life and human liberty could be weighed 
by dollars, and atonement for any crime be made with money: 
But man’s equality, his equal rights to life and liberty have 
made life come to such a value that no jury, except in a moment 
of excitement, under the thrilling appeals of counsel or upon 


1846] THE CONSTITUTION OF 1846 429 


the very eve of the murder, while yet the lifeblood was oozing 
out, will consent to the voluntary sacrifice of their fellow men. 

‘<The death of the citizen for crime can not be necessary but 
in one case, when, though deprived of liberty, he had such pow- 
er and connections as may endanger the nation.’’ Can then 
capital punishment be justified in a nation strong in the affec- 
tions and loyalty of its people? 

But the law is not only wrong in principle but is contrary to 
public sentiment. 

Human law ought to have regard to public sentiment. Laws 
cannot change it. The public will should make the law, and 
laws contrary to the public will are a dead letter upon our stat- 
ute, and powerless. 

So adverse to the sentiments of a majority is the death pen- 
alty that it is impossible to convict when the accused has wealth 
or numerous friends to procure the aid of ingenious counsel 
to postpone the trial till public excitement hath subsided and 
take advantage of the quirks of the law. 

The poor and friendless are alone the victims. Shall we then 
continue a system of punishment that shocks and outrages hu- 
manity—that spares the rich and sacrifices the poor? 

Courts have established such trivial causes as disqualifica- 
tions of jurors that the murderer may escape with impunity, if 
he will but add unusual horrors and enormities to his crime so 
as to electrify the whole country and make the community think 
and talk of his crime. 

A murderer thus escaped at Crawford County, because his 
erime was of that character that every man in the county had 
formed or expressed opinions in regard to his guilt. And after 
summoning every man in the county in the vain attempt to make 
an unprejudiced jury, at three successive terms, he was dis- 
charged. 

Grand jurors refuse to find indictments for murder, because 
they believe the punishment prescribed to be wrong. 

In his own county (Grant) at the last March term of the 
district court the grand jury refused to bring a bill for mur- 
der in two several instances, in consequence of conscientious 
seruples about the mode of punishment. 


430 WISCONSIN HISTORICAL COLLECTIONS _ nov. 10 


Under present circumstances scarce one in ten suffer the 
penalty of the law. Lynch law is the natural consequence of 
the uncertainty of conviction. Certainty of punishment rather 
than its severity deters from crime. Abandon then this uncer- 
tain system. If imprisonment for life be substituted, the con- 
viction of the murderer will be as certain as the conviction of 
the burglar or counterfeiter. Let us forever abolish the death 
penalty and no longer brutalize the community by the public 
sacrifice of human life. Adopt a mode of punishment for the 
highest crimes that will afford ample security to the commun- 
ity, be consistent with the public will, certain of enforcement. 
No place so fit as in the fundamental law to provide the proper 
punishment for murder, and no provision in the constitution 
would meet such general acceptance as the substitution of im- 
prisonment for life in lieu of the death penalty, or speak so 
loudly for the humanity of our people and the security of life 
within our borders. 

J. Y. Smith next obtained the floor and addressed the con- 
vention as follows: 

Mr. President: I had hoped that this article would have been 
disposed of without debate and the subject matter of it left to 
future legislation. But the strong vote by which it was last 
evening ordered to a third reading forced me to the conclusion 
that it was the serious intention of this body to make it a part 
of the fundamental law of the state; and, precious as is the time 
of this convention, I should feel that I had failed to discharge 
an imperative duty, should I neglect to lift my voice against 
this measure. 

I cheerfully concede that the opposers of capital punishment 
are, for the most part, actuated by the purest motives and the 
kindest feelings. But at the same time I believe them to be 
carried away by a false sympathy and a morbid species of phil- 
anthropy—a sympathy which is deaf to the claims of justice— 
a philanthropy which sacrifices the peace and safety of the inno- 
cent to the indulgence of the guilty. | 

There are two classes of arguments to which the advocates 
of the abolition of the death penalty usually resort, and they 
have both been resorted to here—the first is drawn from con- 


1846] THE CONSTITUTION OF 1846 431 


siderations of expediency, the second, from divine authority. 
The gentleman from Dodge, Mr. Judd, has ably reviewed many 
of the first named class of arguments, and I shall therefore 
touch lightly upon them and pass on to the second class. 

It is contended by the gentleman from Grant, Mr. J. A. Bar- 
ber, that the death penalty should be abolished because pub- 
lic sentiment demands it—that public sentiment has become so 
sensitive in regard to this penalty that nineteen times out of 
twenty it is impossible to enforce it. Sir, I deny it. It is not 
so. I have known of near a dozen convictions and executions 
in this territory within the last eighteen years, and I do not 
believe there have been twenty times that number of murders 
in the territory within the same period. On the contrary I 
believe the cases are extremely rare, both here and in most of 
the states, in which the wilful and deliberate murderer has 
escaped the penalty of the law. 

But suppose public sentiment is opposed to this penalty. It 
may indeed abolish it, but it is no certain indication that the 
penalty is not a proper and necessary one. Public sentiment 
may be for a time diseased upon a particular subject, and I 
have no doubt but the public sentiment of the United States is 
diseased, and is becoming alarmingly diseased upon this very 
subject. The public sentiment of France at one time became 
opposed, first, to one safeguard to human rights, and it was 
swept away. It then became opposed to another and another 
of those safeguards, and one after another was swept away, un- 
til the public sentiment of France finally repudiated all religion, 
all law, all government, and, as the immediate consequence, 
France was deluged in blood, and Terror reigned triumphant, 
until men became amazed at their own folly and madness, and 
then public sentiment returned humbly and submissively to 
reason, law, and order. 

The committee which reported this article in their accom- 
panying argument say that the death penalty ‘‘falls with its 
blighting, crushing power upon the innocent as well as the 
guilty.’’? Does the committee mean to say that the penalty of 
death is inflicted, not only upon the murderer, but upon all his 
relatives? Or do they mean merely to say that the friends of 


432 WISCONSIN HISTORICAL COLLECTIONS _ [Nov. 10 


the criminal share in his shame and dishonor? If the latter 
be their meaning, as I presume it is, I would ask whether it is 
the penalty or the crime which brings with it the dishonor? 
If it is the crime which ‘‘falls with its blighting, crushing power 
upon the innocent as well as the guilty,’’ it forms no objection 
to the penalty. If it is the penalty which the innocent share 
with the guilty, any other penalty must be liable to the same 
objection, for it must be shared between the innocent and the 
guilty in the same proportion. If, therefore, this argument be 
conclusive against the death penalty, it is equally so against 
any other penalty, and the murderer must not be punished at 
all. 

Again the committee say: ‘‘It is urged that the murderer 
has forfeited his life by taking that of his fellow being; but in | 
answer it can be asked, ‘Is life restored to the murdered by 
taking the life of the murderer?’ ”’ Sir, I would ask whether 
the same objection may not be urged with equal force against 
the substitute proposed by the committee—close confinement 
for life. Imprison the murderer for life—imprison him for ten 
thousand lives, if he had so many to live—and would that re- 
store life to the dead? The committee argue that the life of the 
murderer should not be taken because that will not restore life 
to his victim; but they admit that he has forfeited his liberty 
and that that should be taken away. The conclusion is inevita- 
ble—that if the committee have any confidence in the objection 
to the death penalty, that it will not restore the life of the mur- 
dered, they must suppose that imprisonment will. 

It is contended that the death penalty should be abolished 
because it is too severe—because it is such a fearful, solemn 
act to take the life of a human being. I grant it; and what does 
it prove? If there is such a solemn and awful responsibility 
attached to taking life under the sanctions of law and the care- 
ful adjudications of a court and jury, and to satisfy the claims 
of public justice upon a wretch who has reached the maximum 
of human guilt, what enormous guilt must attach to the wilful 
murder of an innocent and worthy member of society! Mag- 
nify, then, to any extent, the sacredness of human life and the 
awful nature of the death penalty, and you only magnify, in a 


1846] THE CONSTITUTION OF 1846 433 


geometrical ratio, the enormity of the guilt of the murderer; 
and the demand for his life, as the only adequate penalty, is 
echoed from every point of reason and conscience. 

But while this class of reasoners, in the language of this com- 
mittee, denounce the death penalty as ‘‘one of the last relics 
of the barbarous ages’’ and advocate its abolition on the 
ground of its awful severity, with an inconsistency quite con- 
sistent with their other arguments they propose a substitute 
which they claim to be still more terrible than the penalty they 
propose to abolish. The committee say that, ‘‘The terrors of 
a close and solitary confinement without the hope of pardon, 
reprieve, or escape will be the most effectual to restrain vice.”’ 
They would soften the features of the criminal code and adapt 
it to ‘‘this enlightened age’’ by abolishing a terrible penalty 
and instituting in its place a still more terrible one! 

But, Mr. President, it is not true that perpetual imprison- 
ment is armed with even half the terrors of the death penalty. 
Criminals condemned to death are placed in circumstances of 
all others the best calculated to test the real sentiments of the 
soul as to which penalty is the most appalling to human nature, 
and their united voice is, ‘‘Give us anything but death.’’ They 
will plead and entreat for their lives and accept with grati- 
tude any commutation of the sentence of death. Sir, when 
eriminals condemned to the state prison for life begin to plead 
for a commutation of their sentence to that of death, then, and 
not till then, will I believe that imprisonment will impose as 
powerful a restraint upon the malign passions of man as does 
the death penalty. There is a wide gulf of difference between 
the crime of murder and crimes of the next highest grade, and 
should there not be a corresponding gulf of difference between 
the penalties for their commission? Should not the most 
threatening barrier within the range of human power be im- 
posed to arrest the wretch, as he is about to take this last, des- 
perate leap in the downward course of crime? 

Another consideration urged with a great show of plausi- 
bility is that persons may and frequently do suffer this fear- 
ful penalty when they are entirely innocent of the crime. How 
this assumption can be reconciled with the assertion that nine- 


28 


434 WISCONSIN HISTORICAL COLLECTIONS  ,Nov. 10 


teen times out of twenty not even the guilty can be convicted 
is more than I am bound to show. In almost every case of exe- 
cution a full confession of the murder is made, and conse- 
quently the execution of innocent persons must be extremely 
rare. Still, cases of this kind may and doubtless do sometimes 
occur; but this is no more conclusive against the death penalty 
than against any other penalty. We are all liable to become 
the victims of unfounded suspicions, unfortunate circum- 
stances, and unmerited penalties, and that, too, without respect 
to the nature either of the crime or the penalty. 

But these are accidents of the law, which are common to all 
crimes and all penalties, and accidents equally fatal some- 
times occur in all the ordinary and necessary transactions of 
life. If, therefore, this argument be good against capital pun- 
ishment, it is equally valid against any manner of punishment, 
or any occupation or transaction which may in any manner 
endanger human life, however necessary it may be in itself. 
Are we prepared to abolish all criminal jurisprudence, because, 
owing to the fallibility of human tribunals the innocent may 
sometimes suffer? 

Let us now turn to the arguments drawn from divine author- 
ity. And here I must beg of the gentlemen on the other side not 
to dodge the argument when it is turned against them, nor deny 
the authority to which they have appealed, but to stand up to 
the work like men and take the authority in its length and 
breadth and abide by its high decisions. 

The committee, in appealing to this authority, hold forth 
the following language: ‘‘It is a rule of the divine law that 
it is better that ninety and nine guilty persons should escape 
rather than one innocent one should perish. ’’ 

I have no doubt, Mr. President, that these gentlemen are 
very learned in the divine law, and I would like to have them 
tell me where they found that part of it. I never saw it before. 
I never before heard of it. Oan any one of them, or all of them 
together, tell me where it is written? | am inclined, sir, to be- 
lieve that they might have written it in the dust upon the lids 
of their Bibles, but if it is anywhere within those lids, I pray 
them to give me the chapter and verse, or at least the book— 


1846] THE CONSTITUTION OF 1846 435 


whether it is Genesis, Deuteronomy, or the Gospel according 
to St. Acts. 

But what is the divine authority upon this question? As a 
clue to the solution of this question, I will refer back to the 
first law given to man: ‘‘And the Lord God commanded the 
man, saying, Of every tree of the garden thou mayest freely 
eat: but of the tree of the knowledge of good and evil thou 
shalt not eat of it; for in the day that thou eatest thereof thou 
shalt surely die.’’ 

There, sir, is a death penalty enacted by the Divine Being 
himself. The law to which it is attached—we have all violated 
and incurred its penalty. Yes, sir, you and I, every one of us, 
every son and daughter of Adam are under sentence of death 
for our crimes, and from the execution of that sentence not 
one of us can by any possibility escape. Talk, then, of abol- 
ishing the death penalty! We might as well talk of demolish- 
ing the throne of Omnipotence and abolishing His government. 
The particular mode in which He executes this sentence is not 
material — whether it be by His ordinary or extraordinary 
providence, or by a still more direct and immediate exercise of 
His power. 

We have no certain evidence that the execution of this sen- 
tence was ever delegated to man until after the flood. Cain 
was the first murderer of whom we have any account, and he 
was reprieved by divine prerogative. Still it is evident that 
the sentence of death, as the just penalty for his crime, was 
written on his conscience and demanded by the natural sense of 
justice which the Creator had implanted in the human soul. 
‘‘Byvery one that findeth me shall slay me,’’ was his sad lament. 
This same consciousness of the penalty due to the crime of 
murder we find in all countries and in all ages of the world, 
written as with the finger of God upon the heart of man, and 
it can never be erased. 

As men began to multiply, the earth became ‘‘filled with 
violence,’’? and the Almighty undertook the execution of the 
whole race, with the exception of one family. The whole earth 
was made the theatre of execution, and by a terrible convulsion 
of nature a whole race of criminals was swept off together. 


436 WISCONSIN HISTORICAL COLLECTIONS . [Nov.10 


There, sir, was a death penalty. _ If, therefore, there is any 
such thing as divine authority, the institution of the death 
penalty, by that authority, and its execution by divine inter- 
position, is, I think, sufficiently proven. 

The gentleman from Fond du Lae (Mr. Chase) seems to 
admit that the Creator has a right to take away the lives of 
his creatures; but he argues that as God is the author of life 
none but He can have a right to take it away. 

The question then arises—Has the Creator ever delegated 
the execution of this penalty for the commission of particular 
crimes to a created being? If there is any truth in the sacred 
history He has done so in numerous instances. The destruc- 
tion of Senacherib’s army furnishes ‘one instance. The Assyr- 
ian king had encamped against Jerusalem in the prosecution 
of an unrighteous and murderous war, when, in the language 
of Byron, 

The angel of death spread his wings on the blast, 
And breathed in the face of the foe as he passed. 

‘*And it came to pass that night, that the angel of the Lord 
went out and smote in the camp of the Assyrians a hundred, 
four score and five thousand.’’ There, sir, was a death penalty, 
inflicted by a secondary agent under divine commission. 

Under the Jewish civil law the execution of this penalty was 
expressly delegated to man by the Supreme Lawgiver. 

“‘He that smiteth a man so that he die shall surely be put to 
death. 

**And if a man lie not in wait, but God deliver him into his 
hand, then I will appoint a place whither he shall flee. 

‘But if a man come presumptuously upon his neighbor to 
slay him with guile, thou shalt take him from mine altar that 
he may die.”’ 

Again: ‘ ‘But if a man hate his neighbor, and lie in wait for 
him and rise up against him and smite him mortally that he 
die and fleeth into one of these cities (cities of refuge) then 
the elders of his city shall send and fetch him thence and de- 
liver him into the hands of the avenger of blood that he may 
die.”’ 


1846] THE CONSTITUTION OF 1846 437 


There, sir, is a death penalty, reiterated by divine authority 
again and again as a part of the criminal code of at least one 
nation. And the same Divine Being, foreseeing just such an 
‘enlightened age’’ as this, expressly prohibited the very sym- 
pathy which now demands the abolition of this penalty : ‘‘ Thine 
eye shall not pity him, but thou shalt put away innocent blood 
from Israel, that it may go well with thee.”’ 

<‘ And those that remain shall hear and fear, and shall hence- 
forth commit no more any such evil among you.”’ 

The gentleman from Fond du Lac (Mr. Chase) scouts the 
idea that men should be influenced in their conduct by the prin- 
ciple of fear. For what purpose, sir, was the principle of fear 
implanted in the human soul, and who is best qualified to judge 
as to what principle of our nature may be most successfully 
appealed to for the restraint of vice—man or his Maker? 

It is true, Mr. President, that because this penalty was en- 
joined upon the Jewish nation by divine authority, it does not 
necessarily follow that it is obligatory upon all nations. All I 
claim from the evidence drawn from the Jewish code is that 
in the case of one government, at least, the death penalty was 
expressly enjoined by divine authority. 

The great question is, Has the authority to inflict the death 
penalty for the crime of murder been delegated to the world 
of mankind, and is its execution required by the Supreme 
Ruler? The law given to Noah immediately after the flood 
must, I think, be conclusive on this point: ‘‘Whoso sheddeth 
man’s blood, by man shall his blood be shed; for in the image 
of God made He man.”’ 

Noah and his family then constituted the whole family of 
man on earth, and consequently the law must have been de- 
signed to extend in its application to the whole family of man, 
until either repealed by the authority from whence it pro- 
ceeded, or the reasons for its enactment should have ceased 
to exist. The reason for the law is given—‘‘for in the image 
of God made He man.’’ 

So long, therefore, as it is true that man was created in the 
image of God, so long will the claims of that law be binding 
upon all nations. 


438 WISCONSIN HISTORICAL COLLECTIONS _ [Noyv. 10 


This law has been characterized upon this floor as a relic of 
barbarism—a vestige of the dark ages—a murderous law! 
Sir, I must confess that I am one of those fanatical, bigoted, 
weakminded, cowardly men, that I dare not so characterize 
a law which has proceeded from the throne of Infinite Purity 
and Justice, as to implicate my Maker as a murderer. I dare 
not do it. 

It is said that this law is repealed by the precepts of the gos- 
pel. ‘‘But I say unto you that ye resist not evil; if a man 
smite you on one cheek, turn to him the other also.’’ 

But are these and similar precepts of the New Testament 
addressed to civil governments, or only to individuals in their 
individual capacities? If the latter, it is quite consistent with 
the general scope of revelation. If the former, it is not only 
inconsistent with other portions of the sacred volume, but it 
is utterly inconsistent with the substitute reported by the com- 
mittee. It not only prohibits the death penalty, but every 
other penalty. ‘‘I say unto you that ye resist not evil.’”” You 
must not restrain crime by any forcible means whatever! 

That such are not the precepts of the gospel is certain from 
other parts of the record. 

‘‘Let every soul be subject to the higher powers, for there 
is no power but of God. Whosoever therefore resisteth the 
power, resisteth the ordinance of God. For rulers are not a 
terror to good works, but to the evil. Wilt thou then not be 
afraid of the power? Do that which is good and thou shalt 
have praise of the same, for he is the minister of God to thee 
for good. But if thou doest evil, be afraid, for he beareth not 
the sword in vain’’—here the principle of fear and terror is 
constantly kept in view—‘‘for he is the minister of God, to 
execute wrath upon him that doeth evil.’? Here the divine 
authority of human government is fully asserted and obedi- 
ence to it expressly enjoined. A sword is placed in the hand 
of the ruler, and the testimony is that he beareth it not in vain. 
But does he not bear it in vain, if he can in no case use it? So 
far, then, is the New Testament from abrogating human goy- 
ernment or even abolishing the death penalty, that it fully 
recognizes the divine authority of that government and rep- 


1846] THE CONSTITUTION OF 1846 439 


resents the civil magistrate as the minister of God with an 
impending sword in his hand and the terrors of Omnipotence 
pledged to back him up. 

(Mr. Smith concluded by offering a few reasons why the 
friends of this measure should leave it to the action of the legis- 
lature.)—Argus, Nov. 17, 1846. 


No. 21, ‘‘Article prescribing the political year of the state,’’ was 
taken up and read the third time, and the rule requiring the ayes and 
noes to be called on the passage of articles having been first suspended, 
the said article was passed, and the title thereof agreed to. 

The convention then resolved itself into committee of the whole for 
the consideration of articles Nos. 23, 10, and 24, Moses M. Strong in 
the chair. And after some time spent therein, the committee rose and 
by their chairman reported article No. 23 back to the convention with- 
out amendment, and reported progress on Nos. 10 and 24, and asked 
leave to sit again thereon. Leave was granted. 


ORGANIZATION OF THE LEGISLATURE 


The article on this subject was taken up in committee of the 
whole, Moses M. Strong in the chair. 

Mr. Judd moved to strike out 45, the number of members of 
the house of representatives, and insert 65. (The object of 
this motion was to give to each county a representative with- 
out regard to population. Considerable discussion arose on 
this question in which Messrs. Judd, H. Barber, Baird, and 
Beall advocated the motion, and A. H. Smith and Tweedy op- 
posed it. Mr. Tweedy moved to insert 60 as the number, 
which was adopted.—Ezpress, Nov. 17, 1846. 


J. Allen Barber then rose and made the following announcement: 

‘Died, at his residence, at the Hermitage, November 5, 1846, Thomas 
P. Burnett, aged forty-six years and two months. Also, same day, 
Lucia M. Burnett, his wife, aged twenty-nine years and seven months. 
Also, at the same place, on the first instant, Mrs. Judith Burnett, mother 
of Mr. Burnett, aged seventy-three years.”’ 

And also offered the following resolutions: 

““ Resolved, That this convention has heard the announcement of the 
appalling intelligence of the death, by a malignant fever, during the 
same day, of the Hon. Thomas P. Burnett, one of its members from 
the county of Grant, his wife, and mother with feelings of the most 
poignant grief and heart-rending sorrow. 

*‘Resolved, That in the death of the Hon. Thomas P. Burnett this 
convention has lost one of its most talented, intelligent, and useful 


440 WISCONSIN HISTORICAL COLLECTIONS  [noyv. 10 


members; the community, one of its most valuable citizens and bright- 
est ornaments; his immediate circle of acquaintance, an ardent friend, 
and his family kindred have sustained a loss for which the expression 
of our deepest and warmest sympathies can afford but a slight consola- 
tion. 

“‘Resolved, That as a testimony of our respect for the deceased the 
members of this convention will wear crape on the left arm for thirty 
days. 

‘‘Resolved, As a further testimony of respect for the deceased that 
this convention will adjourn over the morrow. 

“‘Resolved, That a copy of these resolutions be signed by the presi- 
dent and secretary and transmitted to the relatives of the deceased.’’ 

And the question having been put on the adoption of said resolutions, 
they were unanimously adopted. 

So the convention adjourned until Thursday morning, at nine 
o’clock, A. M. 


The committee rose, and the convention being about to ad- 
Journ, J. Allen Barber arose, greatly excited, and announced 
the death of his colleague, Hon. Thomas P. Burnett; but being 
unable to speak, he moved that the convention adjourn to 
Thursday morning, which prevailed. 

On Wednesday morning the members met informally in 
their hall, the president calling Gen. W. R. Smith to the chair. 
J. A. Barber then addressed the convention as follows: 

Mr. President—It becomes my melancholy duty to announce 
to this convention the death of my colleague, the Hon. Thomas 
Pendleton Burnett. 

He died, after a short illness, at his residence, in Grant 
County, on the fifth instant. A few days since he was in our 
midst actively engaged in the formation of the fundamental 
law of the land—a duty for which his comprehensive mind, 
great legal attainments, and long and thorough acquaintance 
with the whole territory eminently qualified him. Two weeks 
since, he was hastily called from his duties here to attend the 
sick bed of his gentle, amiable, and accomplished wife and of 
his aged mother. And now the husband, the wife, the mother. 
lie in the same cold grave together. He preceded the partner 
of his bosom, the mother of his now two orphan children, to 
the spirit land. But by the inscrutable dispensation of Provi- 
dence—the ardent wish of her heart in the aching void—she, 
too, was released from her sufferings a few hours later, and 


te} THE CONSTITUTION OF 1846 441 


we have reason to hope they are reunited in an eternal union 
where there is no sorrow or separation. We have lost the light 
of his wisdom and counsel to guide us in our deliberations. But 
however deeply we may deplore his loss, we have the consola- 
tion to know he died in the full triumph of the Christian’s faith. 

Thomas P. Burnett was born in the county of Pittsylvania, 
in the state of Virginia, and at an early period in life removed 
with his father’s family to the state of Kentucky. He chose 
as his profession the practice of the law, which he studied at 
Paris, in Kentucky, where he was admitted to practice and 
spent the early part of his professional career. Seventeen 
years since, official duty called him to reside in this territory, 
then a part of the territory of Michigan, and here he has re- 
sided since that time. As a professional lawyer and able ad- 
vocate, he soon attained and has deservedly stood at the head 
of his profession. As a citizen all who knew him knew him 
as their friend; and those who knew him most intimately were 
the greatest admirers of his many virtues. His conciliatory 
disposition, affability, and urbanity of manners, his great pos- 
sessions of useful, practical knowledge in the varied walks of 
life, his benevolence and high sense of honor, wherever he went, 
won for him the esteem and hearty devotion of all his acquaint- 
ances. Among his immediate constituents, party prejudice 
was forgotten, and without regard to political opinion he was 
ever esteemed by all a worthy depository of the highest public 
trusts. Though our hearts may no more be gladdened by his 
presence among us, the memory of his great worth and many 
virtues will long live in the hearts of the people of Wisconsin. 
His virtues shone not the less brightly as a kind husband and 
father—a citizen and neighbor—than in his professional and 
public career. And the people of Wisconsin fondly looked to 
a period not far distant, when he would honor the new state 
as her highest representative in the highest councils of the na- 
tion. But in the prime of life and usefulness, at the age of 
forty-six years, just as he was about to step to a higher stage 
of action, death has removed him from us. 

Let us learn wisdom from this dispensation of Providence 
and emulate his virtues; and when we come to meet the King 


442 WISCONSIN HISTORICAL COLLECTIONS _ [nov. 10 


of Terrors, may we like him be reconciled to God, and part in 
peace, leaving behind us a heritage of virtue. 


He closed by moving the following resol a which were 
unanimously adopted: 

““Resolved, That this convention has heard the announce- 
ment of the appalling intelligence of the death, by a malignant 
fever, during the same day, of the Hon. Thomas P. Burnett, 
one of its members from the county of Grant, his wife, and 
mother with feelings of the most poignant grief and heart- 
rending sorrow. 

“* Resolved, That in the death of the Hon. Thomas P. Bur- 
nett this convention has lost one of its most talented, -intelli- 
gent, and useful members; community, one of its most valu- 
able citizens and brightest ornaments; his immediate circle of 
acquaintances, an ardent friend; and his family kindred have 
sustained a loss, for which the expression of our deepest and 
warmest sympathies can afford but a slight condolence. 

““Resolved, That as a testimony of our respect for the de- 
ceased the members of this convention will wear crape on the 
left arm for thirty days. 

““Resolved, As a further testimony of respect for the de- 
ceased, That this convention will adjourn over the morrow. 

““Resolved, That a copy of these resolutions be signed by 
the president and secretary and transmitted to the relatives of 
the deceased.”’ 

The convention then adjourned.—E xpress, Nov. 17, 1846. 


Mr. Hicks rose to second the motion [of Mr. Barber] and 
spoke as follows: 


From the fullness of my heart I must speak of the irrep- 
arable loss of the deceased—a loss irreparable to all who were 
bound by the ties of affection and friendship, a loss to society, 
a loss to the state. It has not been my fortune to know him 
but a few years, but during that time our relation has been 
such not only as enabled me to judge of, but I can bear testi- 
mony, that in him were the many bright virtues that make men 
great and good. If he had a single fault, it was to himself, 


- 


1846] THE CONSTITUTION OF 1846 443 


and but a habit. Not only are we called upon to mourn his 
death, but at the same time greets us the news that all that 
was nearest and dearest by the ties of nature and affection 
has also been summoned to the grave. But a few days since, 
while here, he was aroused from his sleep but to receive the 
sad intelligence of the severe indisposition and probable dan- 
ger of his wife. It seems to have been but a message to re- 
turn home in time to go, with all the nearest ties which bind 
man to earth, down to that sleep of death which is the destiny 
of all_— American Freeman, Nov. 24, 1846. 


444 WISCONSIN HISTORICAL COLLECTIONS _ [nov. 12 


THurRSDAY, NovEMBER 12, 1846 


Prayer by the Rev. Mr. McHugh. 

The journal of yesterday was read and corrected. 

Petitions were presented and referred as follows: 

By Wm. R. Smith, a petition of twenty-nine inhabitants of Dane and 
Iowa counties, asking for the exemption from forced sale [of] the 
homestead of citizens. By Geo. B. Smith, a petition of sixty citizens 
of the county of Dane on the same subject. By Mr. Clark, a petition 
of citizens of Sauk County on the same subject. "Which were severally 
referred to the committee on miscellaneous provisions. 

Mr. Holcombe, from the select committee to which the subject had 
been referred, reported No. 26, ‘‘ Article relative to an equitable divi- 
sion of the territory.’’ 


“‘The select committee ‘to inquire into the expediency of dividing 
the territory of Wisconsin, and locating such line of division as shall 
equitably divide the same into two states’ have had the same under 
consideration and respectfully report: 

“‘That in their opinion the territory of Wisconsin should be equit- 
ably divided, for the following principal reasons: 

“1. The large extent and peculiar shape of the territory, and the 
consequent inequality in the benefits of government. 

“*2. The late act of Congress, dated August 6, 1846, dividing the 
same. 

‘*3. The present unequal representation in the Senate of the United 
States. 

“Your committee have found, in examining the subject, that the 
area included within the present undisputed limits of Wisconsin Ter- 
ritory may be estimated at about ninety thousand square miles, and is 
about as large as New York and Pennsylvania together, and the length 
of the same entirely disproportioned to its breadth, averaging about two 
hundred miles wide, and some six hundred or seven hundred miles 
long. 

‘“‘The present population in the vicinity of the west end of Lake 
Superior and the settlements now forming immediately south of the 
Same, continuing to the Mississippi River, are greatly inconvenienced 
on account of the distance from the seat of their present legislature, 
and so far as distance is concerned without a parallel in the history 
of any of the states in this Union; the north is, therefore, liable to 
great injustice by the legislature passing laws touching their interest 
before it could be possible for the inhabitants of that region to get any 


1846] THE CONSTITUTION OF 1846 445 


information on the subject and have sufficient time to exercise the in- 
estimable right of petition or remonstrance within the ordinary time 
of any session of the legislature. That a large proportion of the ter- 
ritory located between the Wisconsin and Chippewa rivers, a distance 
of near one hundred and fifty miles, is broken and undesirable for cul- 
tivation and settlement, which renders it probable that the facilities 
of a speedy winter communication between this section of country and 
the remote scttlements of the northwest cannot be had for many years— 
the great barrier, etc., of distance forbids the equal distribution of the 
benefits and privileges of state government now to be formed and ren- 
ders them almost worthless to the inhabitants of that region. 

<The late act of Congress, defining the northwest boundary line, 
commencing at the first falls in the river St. Louis west from Lake 
Superior, and running due south to the St. Croix, and down the chan- 
nel of the same to the Mississippi River, is highly objectionable to the 
inhabitants of the valley of the St. Croix River as it places the set- 
tlements under different governments, alienates the common feeling of 
interest in society, and gives concurrent jurisdiction to the legislatures 
of different states in regulating all the improvements in the river re- 
quiring chartered privileges, whose conflicting interests are so multi- 
plied that even the legislature of one state might not control, reconcile, 
and restrain them, and if resort could be had to two, great advantages 
may be taken of each other by individuals, a wide door open to litiga- ; 
tion, and the inhabitants on the different sides of the river arrayed 
and exasperated against each other. 

<The late act of Congresss, however, has this favorable effect with 
the committee, in that it has manifested a disposition to divide the 
present territory of Wisconsin, which [division] without consent of 
parties, under the Ordinance of 1787, your committee have doubted 
* * * could be made; but the area intended to be included by the 
act is so extended to the north and west, that your committee, inde- 
pendent of the other objections, think the line of division improperly 
located and unequitable, cutting off the territory on the southwest from 
any commercial point or advantage at the west end of Lake Superior, 
to whom it naturally belongs, even if the line established by Congress 
should remain unaltered. 

“And it also includes within the limits of the state all of the east 
shore of the river Mississippi to very near the head of uninterrupted 
steam navigation, so that the territory northwest of the St. Croix River 
has its permanent commercial advantages confined to a very circum- 
seribed limit on the east bank of the Mississippi, and cut off entirely 
on the south shore of Lake Superior; while, on the other hand, within 
the limits of the state, the principal commercial points of the south 
shore of Lake Superior and the upper Mississippi are retained; but 
so remote are these sections of country from the seat of government 


446 WISCONSIN HISTORICAL COLLECTIONS _ [Nov.12 


of the prospective state that they are beyond the reach of its equal bene- 
fits—therefore both justice and equity require that a more southerly 
line than that specified in the act of Congress should be adopted. 

‘‘Your committee have considered it a matter of deep importance, 
if, by a hasty entrance into the Union, the many millions that are in 
all human probability to inhabit this territory in future should be 
eompelled to commit the representation in the Senate of the United 
States to two senators, which is all that one state is entitled to; and as 
the limits of the whole are capable of sustaining a population equal to 
that of two large states, your committee have been greatly influenced in 
favor of dividing the territory on that account. They have also had 
a deep sense of the unequal representation now in the Senate of the 
United States from the different states in the Union, as compared with 
the representation in the lower house of Congress, the latter being 
based upon an equal ratio of population in all the states, while the 
Senate has the same representation from every state, however large or 
small. For instance, the six New England states have twelve senators 
and thirty-one representatives, with an area in the aggregate of 65,310 
miles, according to Malte-Brun; while New York and Pennsylvania, 
with an area of 90,150 miles, have four senators and fifty-six represen- 
tatives. Although the five states located in the Northwest Territory 
“by the Ordinance of 1787 may not now be as much out of proportion in 
their representation in Congress as New York and Pennsylvania are 
with the New England states, yet the time is rapidly approaching 
when they may be, as the representation from the new states in the 
lower house of Congress is continually increasing, while that in the 
Senate remains the same; therefore the importance of the new states 
entering the Union as nearly uniform in size as may be practicable, 
and for the information of those who may not be informed on the 
subject is herewith annexed Schedule (marked A) of most of the states 
in the Union, exhibiting the comparative size of each. 

‘“‘Your committee, after mature deliberation, taking into view the 
variety of soil, surface, and resources, generally, do recommend that the 
line dividing the territory of Wisconsin should commence in the chan- 
nel of the Mississippi River, directly south of the highest peak on Moun- 
tain Island, which, according to Nicollet’s map, is about where the 
forty-fourth degree of latitude crosses the Mississippi; thenee due 
north a half degree; thence on a direct line ( northeasterly) to the head- 
waters of Montreal River, striking said headwaters at the same place, 
as marked upon the survey made by Captain Cram; thence down the 
main channel of Montreal River to the middle of Lake Superior. 

‘fAll of which is respectfully submitted. 


Witu1am Hotcomsez, Chairman’’ 


1846] THE CONSTITUTION OF 1846 447 


A 
AREA OF THE SEVERAL STATES, BY MALTE-BRUN 

sq.m. sq.m. 

© 0 oti Seer 32,000 17. Mississippi ...........-- 43, 350 

2. New Hampshire ........ 9-230 48. Lowisiana (o2':,.s'24-<ieo= 48, 000 

Be@ermont .....-.-..-.--- 10,200 19. Tennessee .........----- 41, 300 

4. Massachusetts .......... 7,800 20. Kentueky ...........--- 39, 000 

5. Rhode Island ........... cE. cam (Oe, ORO) cea w is a os ane 38, 500 

Seiseanmmecticnt ..........-- 2 yg ai eee ed 36. 250 

7. New York ...........-.- ane ee Cine? 225-5265 >< 558 49, 000 

S New Jersey .......-..-- 6, 900 do. in dispute.........-- 10, 000 

9. Pennsylvania ........... AM O8  WIREIIEY, 2 3 2 ste slaw = 60, 000 

30, Delaware .............- 2, O60" 95. Michigan ..--.-2......- 38, 750 
miMaryiand ........------ 10, 800 do. in dispute........---  -+++-- 
WOM SEPIINA 525. - 22-2 -a eee 64,000 26. Arkansas ........------ s-eee> 
13. North Carolina ......... 2: Us| | GB Di Sc Fae ae Se sire 
14. South Carolina ......... MOGI re Rowany 5). ccs von cnce eee sifeates 
LS. So eee Be Oe). wah es Seiden oe noe n as ae 
MAIanGA .......-..---- 50,800 30. Wiseonsm ...........-- -«----> 


Which was read, referred to the committee of the whole, and ordered 
printed. 


Moses M. Strong moved that 1,000 extra copies of the report be 
printed, which was agreed to. 

Wm. R. Smith, from the select committee to which had been re- 
ferred the petition of Matthias J. Bovee, asking to contest the seat of 
Mr. Burchard, made the following report, to wit: 


‘“The committee to whom was referred the petition of M. J. Bovee, 
contesting the seat of Chas. Burchard, report that no action has yet 
been had on the subject, except that of appointing a day for hearing 
the parties, which has now arrived, and that in consequence of the 
lamented death of the chairman of the committee, Thos. P. Burnett, the 
committee is not full. They therefore request that another member 
be added thereto.’’ 


The said report was accepted. The President then announced the 
appointment of the following additional member of said committee, to 
wit: Mr. Jenkins. 

Leave of absence was asked for and.granted as follows, to wit: By 
Joseph Kinney for Messrs. Hackett and Noggle; by Mr. Burt for Mr. 
Gilmore; by Mr. Fuller for himself for three days. 

Mr. Giddings introduced the following resolution: ‘‘Resolved, That 
the territorial treasurer be directed to pay Thos. McHugh the sum of 
fifty dollars as part pay for his services as assistant secretary to this 
convention.’’ And the rules having first been suspended for that pur- 
Pose, the said resolution was adopted. 

The resolution introduced on the tenth instant, relative to prohibiting 
the legislature from licensing sales of intoxicating liquors, ete., was 
taken up, when Mr. Fuller moved that the same be referred to the 


ely N 
q 
7 


448 WISCONSIN HISTORICAL COLLECTIONS _ [nov. 12 


committee on the powers and restrictions of the legislature, which was 
agreed to. And a division having been called for, there were 26 in the 
affirmative and 10 in the negative. 

The resolution introduced on the tenth instant by Mr. James, rela- 
tive to the absence of members of this convention, was taken up, when 
Mr. Ellis moved that the same be laid upon the table. And the ques- 
tion having been put, it was decided in the negative. And the ayes 
and noes having been called for and ordered, those who voted in the 
affirmative were [affirmative 42, negative 42; for the vote see Ap- 
pendix I, roll call 103]. 

Mr. Randall moved to amend the said resolution by adding the 
words “‘or on leave of absence granted by this convention.’? Pending 
the question on said amendment, the morning hour having expired, tie 
said resolution was laid over until tomorrow under the rules. 


The resolution of Mr. James was taken up, when Mr. James 
addressed the convention in support of the resolution, as fol- 
lows: 

Mr. President—I offered that resolution, and I did it, sir, 
under a sincere conviction that such a resolution ought and 
should pass or be adopted by this convention. In passing the 
law, sir, preparatory to the framing of a state constitution for 
the state of Wisconsin it was considered and agreed upon that 
every thirteen hundred inhabitants (or probably some over 
that number, the exact number I don’t recollect at this time) 
should be entitled to one delegate in this convention. The peo- 
ple, in conformity to these laws and regulations, have elected 
their delegates and sent them here, and, in order that the peo- 
ple might be fully represented, they have sent these delegates 
according to the apportionment made for that purpose. Now, 
sir, we have been here nearly six weeks, and I think I may 
safely say that at least three weeks out of the six we have not 
had at any one time over eighty members present, while there 
should be one hundred and twenty-six, thus leaving some fifty 
thousand or upwards of our inhabitants unrepresented in this 
convention. And I ask you, sir, I ask the members of this 
convention, if they can one of them, upon cool reflection, say 
that such is justice? I ask the members of this house if there 
is one of them who can conscientiously say that it is or would 
be justice for the people of this territory to be paying out the 
sum of some eighty or ninety dollars per day during the ses- 


1846] THE CONSTITUTION OF 1846 449 


sion of this convention to men who are at home attending to 
their own domestic affairs? I call upon every member of this 
house, to know if there is one among them who could think 
that he was doing justice to his constituents by asking or re- 
ceiving money for his services when those services have not 
been rendered. For my part, sir, I not only think it an im- 
position upon this convention, but upon the whole territory; 
and I do hope that the members will each of them take the 
matter into consideration and adopt some rule that will tend 
more to keep the members in their places. 

The resolution was under discussion when the morning ses- 
sion had expired; so it lies over till tomorrow.—Democrat, 
Nov. 14, 1846. 


No. 23, ‘‘Article restraining leasehold estates,’ was taken up, 
when Moses M. Strong moved to amend the same by inserting after 
ig word ‘‘agricultural’’ the words ‘‘or mineral,’’ which was agreed 


tr Jenkins moved to strike out the word ‘‘twelve’’ and insert in 
lieu thereof the word ‘‘twenty,’’ which was agreed to. And a divi- 
sion having been called for, there were 36 in the affirmative and 
21 in the negative. 

Moses M. Strong moved the previous question, which was seconded. 
And the question having been put, ‘‘Shall the main question be now 
put?’’ it was decided in the affirmative. 

The question was then put on ordering the said article to be en- 
grossed for its third reading and was decided in the affirmative. And 
the ayes and noes having been ealled for and ordered, those who voted 
in the affirmative were [affirmative 74, negative 11; for the vote see 
Appendix I, roll call 104}. 


Mr. Strong of Racine spoke against the article [restraining 
leasehold estates. ] 

Mr. Tweedy advocated the article at length. He thought 
without some restrictions of this kind there might grow up 
from an accumulation of landed property in the hands of a 
few difficulties now unseen, that would be a great detriment 
to the prosperity of the state. 

Mr. Harkin was opposed to all leases. He wanted every 
man to hold what he lived upon as his own. 

W. R. Smith wanted to know of the delegates from Grant 
what amount of land one Charles Augustus Murray, who held 


450 WISCONSIN HISTORICAL COLLECTIONS _ [Nov. 12 


a distinguished place in the councils of Queen Victoria, held 


in that county. 
Mr. Cruson: Thirty thousand acres. They were purchased 
of the government in 1836. They were uncultivated, but the 


taxes were paid by his agents. 

Mr. Chase thought it hardly possible that any gentlemen 
should oppose this measure. And he was surprised to hear 
the gentleman from Racine (Mr. Strong) had no sympathy 
with the antirenters of New York. 

Mr. Strong of Racine said there was no danger of the re- 
sults which the gentleman from Milwaukee (Mr. Tweedy) dep- 
recated. Lands that had been bought of government in Dane 
County, within 15 miles of the capitol, were now offered for 75 
cents per acre. He spoke at length on the antirent difficulties. 

The article was ordered to its engrossment—ayes 44, noes 
11.—Democrat, Nov. 14, 1846. 


Mr. Steele asked that leave of absence be granted to Mr. Hill. Leave 
was granted. 

The convention then resolved itself into committee of the whole for 
the further consideration of articles Nos. 10 and 24, Moses M. Strong 
in the chair. And after some time spent therein, the committee rose 
and by their chairman reported progress thereon, and asked leave 
to sit again. Leave was granted. 

On motion of Mr. Baird the convention took a recess until two 
o’clock, P. M. 


TWO O’CLOCK, P. M. 


The convention again resolved itself into committee of the whole 
for the consideration of No. 10, ‘‘ Article on the constitution and or- 
ganization of the legislature,’’ and No. 24, ‘‘ Article on the powers, du- 
ties, and restrictions of the legislature,’’ Moses M. Strong in the chair. 
And after some time spent therein rose and by their chairman reported 
progress thereon, and asked leave to sit again. Leave was granted. 

Moses M. Strong moved that a select committee of nine be appointed 
to digest and report an apportionment of representation of senators 
and representatives among the several counties, and that they report 
a tabular statement of the effect of the representation upon the differ- 
ent basis for a house of representatives consisting of numbers from 
fifty to seventy members, which was agreed to. 

The President announced the appointment of the following commit- 
tee under the said motion, to wit: Messrs. Moses M. Strong, Hiram 
Barber, Wm. R. Smith, Marshall M. Strong, Beall, Agry, Huebsch- 
mann, Baker, and Cruson. 


1846] THE CONSTITUTION OF 1846 451 


Geo. Hyer asked that leave of absence be granted him for three days. 
Leave was granted. 
On motion of Mr. Agry the convention adjourned. 


The convention in committee of the whole again resumed the 
consideration of this article, the question on single districts 
being still under discussion. In this discussion A. H. Smith, 
Steele, Harkin, Brown, Drake, Tweedy, G. B. Smith, Marshall 
M. Strong, Judd, W. R. Smith, Clark, Baker, Whiteside, W. 
Chase, H. Barber, and Lovell took a part. The matter was 
finally disposed of with an understanding that it should be 
referred to a committee to report a table showing the result 
of different numbers for the representatives. 

Mr. Goodell moved to amend the fifth section of the article 
by making the senators elective in classes, one-half every year, 
which was adopted. 

Mr. Hunkins moved to amend the fourteenth section by 
striking out 30 and insert[ing] 40, being the number of days 
which members of the legislature were to receive $2 per day, 
which was adopted. 

Mr. Ellis moved to strike out $2 and insert $3. Lost. 

A. Kinne moved to strike out $2 and insert $2.50. Lost. 

The whole day was spent in the consideration of this article 
and considerable discussion, but of a character which could 
scarcely be given in extenso. 

At 5 P. M. the convention adjourned.—Ezpress, Nov. 17, 
1846. 


AFTERNOON SESSION 


Mr. Tweedy wished to make a word of explanation in regard 
to the report that had just been laid on the members’ desks 
(the report from the select committee on the articles on inter- 
nal improvements, taxation, finance, and public debt) as his 
name was attached to it as reporting the same. The chairman 
(Mr. Ryan) had left for his home on the morning the report 
was presented, and by his request he had presented the report. 
He had dissented from several of the sections and also some 
of the resolutions.—Democrat, Nov. 14, 1846. 


452 WISCONSIN HISTORICAL COLLECTIONS _ [Nov. 13 


Fripay, NovEMBEr 13, 1846 


Prayer by the Rev. Mr. Miner. 

The journal of yesterday was read and corrected. 

Mr. Steele presented two petitions of citizens of Racine County, 
asking that the homestead of citizens be exempted from forced sales, 
which were, on his motion referred to the committee on miscellaneous 
provisions. 

Mr. Baird introduced the following resolution, which was read, to 
wit: ‘‘Resolved, That the sum of $23.25 for mileage and per diem 
allowance for the entire session be allowed to the late Thomas P. Bur- 
nett Esq., a member of this convention, and that the treasurer of the 
territory be and he is hereby authorized and directed to pay the same 
to Alfred Brunson Esq. for the use and benefit of the orphan children 
of the said Burnett, deceased.’’ 

William R. Smith introduced the following resolution, to wit: ‘‘Re- 
solved, That the use of this hall be granted on Sunday morning next 
for the purpose of having a discourse delivered by the Rev. S. Me- 
Hugh, chaplain of the convention, on the late melancholy event of the 
decease of one of its members.’’ And the rules having been first sus- 
pended for that purpose, the said resolution was adopted. 

The resolution introduced by Mr. James on the tenth instant, rela- 
tive to the absence of members, and which was laid over yesterday 
under the rules, was taken up, when Mr. Holcombe moved that the 
said resolution be laid upon the table, which was agreed to. 

The convention resolved itself into committee of the whole for the 
further consideration of articles Nos. 10 and 24, Mr. Hunkins in the 
chair. And after some time spent therein, the committee rose and by 
their chairman reported the said articles back to the convention with 
amendments to each. 

Moses M. Strong, from the select committee appointed on yesterday 
to report an apportionment of representation among the several coun- 
ties, etc., by leave reported a tabular statement on the subject. The 
said report was accepted. Moses M. Strong moved that the same be 
printed, which was agreed to. 

Mr. Hunkins, from the committee on engrossment, by leave, re- 
poe No. 23, ‘‘ Article restraining leasehold estates,’’ as correctly en- 
grossed. i 

Mr. Barber moved that the further consideration of No. 10, ‘‘ Article 
on constitution and organization of the legislature,’’ be postponed 
until tomorrow, which was agreed to. 

Mr. Whiteside moved that the convention adjourn until two o’clock, 
P. M., which was disagreed to. 

The question being on concurring in the amendments of the com- 
mittee of the whole to article No. 24, a division of the question was 


1846] THE CONSTITUTION OF 1846 453 


ealled for. And the question having been put on the amendments of 
the committee of the whole, separately, they were severally adopted. 

Mr. Berry moved to amend the said article by striking out the twen- 
ty-first section thereof, which was disagreed to. 

Marshall M. Strong moved to amend by adding a new section, as 
follows, to wit: ‘‘Section —. The legislature shall never authorize 
any lottery,’’ which was agreed to. And a division having been called 
for, there were 45 in the affirmative, negative not counted. 

Warren Chase moved to amend by adding a new section, as follows: 

“Section —. It shall be the duty of the legislature to provide by 
law for abolishing the punishment of death for capital crimes, and 
for the substitution of some other mode of punishment instead thereof.’’ 

And pending the question thereon, on motion of Mr. Hunkins, the 
convention took a recess until two o’clock, P. M. 


TWO O'CLOCK, P. M. 


Article No. 24 was then taken up. And the question being on the 
amendment of Mr. Chase, Moses M. Strong moved a call of the house, 
which was seconded, and Messrs. John M. Babcock, Baker, Bell, Bow- 
ker, Chamberlain, Coxe, Dennis, Dunning, Ellis, Gray, Hays, Hill, N. 
F. Hyer, Phelps, Pierce, Randall, John Y. Smith, and Steele reported 
absent. On motion, Messrs. Chamberlain and Gray were excused from 
their attendance. Moses M. Strong moved that all further proceedings 
under the call be dispensed with, some of the absentees having ap- 
peared in their seats, which was agreed to. And a division having been 
ealled for, there were 25 in the affirmative and 22 in the negative. 

The question was then put on the amendment offered by Mr. Chase 
and was decided in the negative. And the ayes and noes having been 
ealled for and ordered, those who voted in the affirmative were [affirm- 
ative 31, negative 52; for the vote see Appendix I, roll call 105]. 

Marshall M. Strong moved to amend the said article by adding as 
follows: 

“Section —. One-fifth of the members present of each house shall 
be entitled to call for the ayes and noes on any question and to have 
the same entered upon the journal.’’ 

Mr. Hicks moved to amend the amendment by striking out the words 
‘‘one-fifth’’ and inserting the word ‘‘any,’’ which was disagreed to. 

The question then recurred on the amendment offered by Mr. Strong. 
And having been put, it was decided in the affirmative. 

_ Mr. Giddings moved to amend the said article by adding the follow- 
ing section: 

**Section —. The legislature shall establish but one system of town 
and county government, which shall be uniform as near as may be 
throughout the state, which was agreed to.’’ 

And a division having been called for, there were 44 in the affirma- 
tive and 8 in the negative. 

Wm. R. Smith moved to amend the said article as follows, to wit: 
**Section —. The legislature shall direct by law in what manner and 


454 WISCONSIN HISTORICAL COLLECTIONS _ (nov. 13 


in what courts suits may be brought against the state,’’ when Mar- 
shall M. Strong called for the previous question, which was seconded. 
And the question having been put, ‘‘Shall the main question be now 
put?’ it was decided in the affirmative. And a division having been 
called for, there were 29 in the affirmative and 13 in the negative. 

The question having been put on adopting the amendment of Wm. 
R. Smith, it was decided in the affirmative. The said article was then 
ordered to be engrossed for a third reading. 

No. 23, ‘‘Article restraining leasehold estates,’’? was taken up and 
read the third time. And the question having been put on the passage 
of the said article, it was decided in the affirmative. And the ayes and 
noes being required by the rules, those who voted in the affirmative 
were [affirmative 70, negative 9; for the vote see Appendix I, roll call | 
106]. 

Mr. Burt asked that leave of absence be granted him. Leave was 
granted. 

Moses M. Strong moved that the convention do now adjourn, which 
was disagreed to. 

The convention then resolved itself into committee of the whole for 
the consideration of articles Nos. 5, 6, and 7, and on sundry resolu- 
tions, Mr. Judd in the chair. And after some time spent therein the 
committee rose, and by their chairman reported progress thereon and 
asked leave to sit again. Leave was granted. 

On motion of Mr. Warren Chase the convention adjourned. 


1846] THE CONSTITUTION OF 1846 455 


SaTurDAy, NovEMBER 14, 1846 


Prayer by the Rev. Mr. McHugh. 

The journal of yesterday was read, 

Mr. Rogan presented a petition of citizens of Jefferson County, ask- 
ing that the homestead of citizens be exempted from execution or forced 
sale, which on his motion was referred to the committee on miscella- 
neous provisions. 

Mr. Hunkins, from the committee on engrossment, reported No. 24, 
‘Article on the powers, duties, and restrictions of the legislature,’’ as 
correctly engrossed. 

The resolution introduced by Mr. Baird on yesterday, relative to 
the mileage and per diem of the late Hon. Thos. P, Burnett, was taken 
up and adopted. j 

No. 24, ‘‘ Article on the powers, duties, and restrictions of the legis- 
lature,’’ was read the third time, when Mr. Lovell moved to recommit 
the article to the committee that reported it, with instructions to strike 
out the section providing that the state may be sued. And the ques- 
tion having been put, it was decided in the affirmative. And the ayes 
and noes having been called for and ordered, those who voted in the 
affirmative were [affirmative 43, negative 39. For the vote see Ap- 
pendix I, roll call 107]. 

No. 10, ‘‘Article on the constitution and organization of the legis- 
lature,’’ was taken up, when Moses M. Strong moved that the further 
consideration thereof be postponed until Monday nest, which was 
agreed to. 

And a division having been called for, there were 57 in the affirma- 
tive, negative not counted. 

Mr. Parker [Barber] asked that leave of absence be granted to Mr. 
Patch. Leave was granted. 

The convention then resolved itself into committee of the whole for 
the consideration of articles Nos. 5, 6, and 7, and sundry resolutions, 
Mr. Judd in the chair. And after some time spent therein the com- 
mittee rose and by their chairman reported progress thereon and 
asked leave to sit again thereon on Monday next. Leave was granted. 

Wm. R. Smith, from the select committee to whom was referred the 
petition of Matthias J. Bovee, asking to contest the seat of Mr. Bur- 
chard, made the following report, to wit: 


‘‘The committee to whom was referred the petition of Matthias J. 
Bovee contesting the seat of Charles Burchard as a member of this 
convention report that under the rules established by the committee 
the parties proceeded to procure their written testimony, and in pur- 
suance of the same the depositions of sundry witnesses have been re- 
turned to the committee, to wit: 


456 WISCONSIN HISTORICAL COLLECTIONS — [nov. 14 


“‘Thirteen on the part of the contestant, and four on the part of the 
sitting member, namely: those of Joseph Bond, William H. Burgess, 
George Stockman, and Martin Field, the board of inspectors of the 
late election at the town of Mukwonago. 

‘““That the contestant alleges that he has been unable (from causes 
not satisfactorily made known to your committee) to procure the writ- 
ten testimony of sundry witnesses, among whom are named Joseph 
Bond and George Stockman, whose testimony taken on the part of the 
sitting member is already before the committee ; and in consequence of 
the said inability on part of the contestant, he asks, under the rules 
of the committee, further time to procure his testimony, and desires the 
power of the convention to be interposed in his behalf in sending for 
the persons of Justin Olin, Joseph Bond, John H. Camp, George Stock- 
man, Joseph Smart, Christopher R. Harvey, Robert Charley, Asa 
Hollister, Perry Craig, Robert Wilkinson, S. Yates Scovill, Leonard 
P. Silvernail, Lambert Colin, James Bennett, Justin S. Olin, E. B. 
Richardson, and Edward McGee, they therefore of[fer] the follow- 
ing resolution: 

“*Resolved, That the committee have power to send for the persons 
of the witnesses named in the above report on the part of the con- 
testant. 

“Respectfully submitted, 
W. R. Smrru, Chairman’’ 


Mr. Baker moved to amend the resolution by adding as follows: 
“‘Resolved, That the territory or state of Wisconsin shall not incur 
or pay any of the expenses of such proceedings or examination,’’ which 
was agreed to. 

Warren Chase moved that the said resolution be laid upon the table, 
which was disagreed to. 

Mr. Hunkins moved that the further consideration of said resolution 
be postponed until Monday next, which was disagreed to. 

The question was then put on the adoption of the resolution as 
amended and was decided in the negative. And the ayes and noes 
having been called for and ordered, those who voted in the affirma- 
tive were [affirmative 3, negative 77. For the vote see Appendix I, 
roll call 108]. 

The convention then resolved itself into committee of the whole on 
the report of the committee on miscellaneous provisions on resolution 
No. 5, Mr. Hunkins in the chair. And after some time spent therein 
the committee rose and reported the same back without amendment. 
The report of said committee was then adopted. The question being 
on the convention resolving itself into committee of the whole for the 
consideration of the report of the committee on miscellaneous pro- 
visions on resolution No. 2, Moses M. Strong moved that the committee 
be discharged and the said report laid on the table, which was agreed to. 

Mr. Hicks, by leave, introduced the following resolution, which wae 
read, to wit: ‘‘Resolved, That the committee on eminent domain and 
property of the state inquire into the expediency of limiting the quan- 


= — a a 


1846] THE CONSTITUTION OF 1846 457 


tity of land any individual may hereafter possess in this state; and 
also the expediency of providing that, after the death of present own- 
ers, the limited quantity be apportioned to the heirs, respectively, and 
the surplus, if any, be sold, and the proceeds distributed among the 
heirs.’’ 

On motion of Moses M. Strong the convention adjourned. 


458 WISCONSIN HISTORICAL COLLECTIONS  [Nov. 16 


Monpay, NoveMBErR 16, 1846 


Prayer by the Rev. Mr. Miner. 

The journal of Saturday was read. 

Asa Kinne asked that leave of absence be granted to Horace Chase. 
Leave was granted. 

Wm. R. Smith, by leave, presented the petition of ministers of the 
gospel asking that no article be engrafted in the constitution disfran- 
chising clergymen, which on his motion was referred to the committee 
on miscellaneous provisions. 

Mr. Agry, from the committee on the powers, duties, and restrictions 
of the legislature, reported No. 27, ‘‘ Article requiring the legislature to 
prohibit theatrical shows,’’ which was read. And the question having 
been put on referring the said article to the committee of the whole, 
and ordering the same to be printed, it was decided in the negative. 
And a division having been called for, there were 24 in the affirmative 
and 29 in the negative. 

Mr. Agry, from the same committee to whom No. 24, ‘‘ Article on the 
powers, duties, and restrictions of the legislature,’’? had been referred 
with the instructions to amend the same by striking out the tenth sec- 
tion thereof, reported the same back with amendment, which was to 
strike out the tenth section. 

Moses M. Strong, from the select committee to which it was referred 
to make an apportionment of senators and representatives, reported No. 
28, ‘‘Article on the apportionment of senators and representatives. ”’ 


“‘The select committee appointed to report an apportionment of the 
senators and members of the house of representatives among the sev- 
eral counties respectfully submit the following and recommend its 
adoption to stand as a section in the article on the constitution and 
organization of the legislature. 

“Section —. Until there shall be a new apportionment of the sen- 
ators and members of the house of representatives, the state shall be 
divided into senatorial and representative districts as follows, and the 
Senators and members of the house of representatives shall be appor- 
tioned among the several districts as follows, viz: 


The county of Brown shall constitute the first representative dis- 
trict, and shall be entitled to one representative. 

The counties of Calumet and Manitowoc shall constitute the sec- 
ond representative district, and shall be entitled to one representa- 
tive. 

The counties of Marquette and Winnebago shall constitute the 
third representative district, and shall be entitled to one represen- 
tative. 


1846] THE CONSTITUTION OF 1846 459 


The county of Sheboygan shall constitute the fourth representa- 
tive district, and shall [be] entitled to one representative. 

The county of Fond du Lac shall constitute the fifth representa- 
tive district, and shall [be] entitled to one representative. 

The county of Columbia shall constitute the sixth representative 
district, and shall be entitled to one representative. 

The counties of Portage and Sauk shall constitute the seventh rep- 
resentative district, and shall be entitled to one representative. 

~ The county of Washington shall constitute the eighth representa- 
tive district, and shall be entitled to three representatives. 

The county of Dodge shall constitute the ninth representative dis- 
trict, and shall be entitled to three representatives. 

The county of Milwaukee shall constitute the tenth representative 
district, and shall be entitled to six representatives. 

The county of Waukesha shall constitute the eleventh representa- 
tive district, and shall be entitled to five representatives. 

The county of Jefferson shall constitute the twelfth representa- 
tive district, and shall be entitled to three representatives. 

The county of Dane shall constitute the thirteenth representative 
district, and shall be entitled to three representatives. 

The county of Racine shall constitute the fourteenth representa- 
tive district, and shall be entitled to seven representatives. 

The county of Walworth shall constitute the fifteenth represen- 
tative district, and shall be entitled to five representatives. 

The county of Rock shall constitute the sixteenth representative 
district, and shall be entitled to five representatives. 

The county of Green shall constitute the seventeenth representa- 
tive district, and shall be entitled to two representatives. 

The county of Iowa shall constitute the eighteenth representative 
district, and shall be entitled to six representatives: Provided, That 
whenever the said county of Iowa shall be divided, and two new 
counties shall be organized out of the same, then the northern of 
said two new counties shall be entitled to three representatives, and 

the southern of said two new counties shall be entitled to three rep- 
resentatives. 

The county of Grant shall constitute the nineteenth representative 

_ district, and shall be entitled to five representatives. 

The counties of Crawford and Richland shall constitute the twen- 

tieth representative district, and shall be entitled to one representa- 
. tive. 

The counties of St. Croix, Chippewa, and La Pointe shall consti- 
tute the twenty-first representative district, and shall be entitled to 

~ one representative. 

The counties of Brown, Calumet, Winnebago, Manitowoc, and She- 
boygan shall constitute the first senatorial district, and shall be en- 
titled to one senator. 

- The counties of Fond du Lac, Marquette, Columbia, Portage, and 
- Sauk shall constitute the second senatorial district, and shall be en- 
~ titled to one senator. 


460 WISCONSIN HISTORICAL COLLECTIONS | [nov. 16 


The county of Washington shall constitute the third senatorial dis- 
trict, and shall be entitled to one senator. 

The county of Dodge shall constitute the fourth senatorial dis- 
trict, and shall be entitled to one senator. 

The county of Milwaukee shall constitute the fifth senatorial dis- 
trict, and shall be entitled to two senators. 

The county of Waukesha shall constitute the sixth senatorial dis- 
trict, and shall be entitled to two senators. 

The county of Jefferson shall constitute the seventh senatorial dis- 
trict, and shall be entitled to one senator. 

The county of Dane shall constitute the eighth senatorial district, 
and shall be entitled to one senator. 

The county of Racine shall constitute the ninth senatorial district, 
and shall be entitled to two senators. 

The county of Walworth shall constitute the tenth senatorial dis- 
trict, and shall be entitled to two senators. 

The counties of Rock and Green shall constitute the eleventh sen- 
atorial district, and shall be entitled to two senators. 

The county of Iowa shall constitute the twelfth senatorial district, 
and shall be entitled to two senators: Provided, That whenever the 
said county of Iowa shall be divided, and two new counties shall be 
organized out of the same, then the northern of said two new coun- 
ties shall be entitled to one senator and the southern of said two new 
counties shall be entitled to one senator. 

The county of Grant shall constitute the thirteenth senatorial dis- 
trict, and shall be entitled to two senators. 

The counties of Crawford, Richland, Chippewa, St. Croix, and 
La Pointe shall constitute the fourteenth senatorial district, and shall 
be entitled to one senator. 

A. Hyarr Smiru, Chairman.’’ 


Moses M. Strong moved that the same be laid on the table until 
article No. 10 shall be taken up, which was agreed to. 

Wm. R. Smith, from the committee to whom was referred the peti- 
tion of M. J. Bovee, asking to contest the seat of Mr. Burchard, made 
the following report: 


‘“‘The committee to whom was referred the petition of Matthias J. 
Bovee, contesting the seat of Charles Burchard as a delegate to this 
convention from the county of Waukesha, report: 

‘“‘That they have duly considered the matter referred to them, the 
evidence submitted to them, taken under the rules established by the 
committee, and have heard the parties by themselves and counsel, so 
as to enable them to form a conclusion on the whole case as it appears 
before the committee. 

‘“‘The contestant alleges that fraud has been practiced at the late 
election at the town of Mukwonago, in Waukesha County, in some man- 
ner, and by some person, neither of which is specified or designated by 
the contestant. He further alleges that he received more votes at such 
election than have been credited to him on the election returns. He 


1846] THE CONSTITUTION OF 1846 461 


further alleges that the election is void and ought to be set aside be- 
eause the poll lists were not returned according to law. 

“The evidence which your committee have had submitted to them 
consists in thirteen depositions taken on the part of the contestant, four 
depositions taken on the part of the sitting members, which are of the 
three inspectors and clerk of the election at the town of Mukwonago, 
the poll lists and certificates of election returns as certified by the board 
of supervisors and town clerk of the town of Mukwonago; also, the cer- 
tificate of the county clerk of Waukesha County in relation to the ab- 
gence of the returns of poll lists of several election districts in Wau- 
kesha County. 

‘Brom the above evidence it appears that at the late election at 
Mukwonago District, Charles Burchard received ninety votes, and Mat- 
thias J. Bovee received thirty-six votes as delegate to this convention. 

‘Of the thirteen depositions produced on the part of the contestant, 
six persons testified that they each voted tickets from which the name 
of Matthias J. Bovee was erased. Two testified that they each voted 
tickets from which the name of Matthias J. Bovee was not erased. One 
testified that he voted a Whig ticket with the name of Matthias J. Bovee 
upon it. One testified that he voted a written ticket, containing the 
name of M. J. Bovee, and three did not testify anything whatsoever 
about their votes. 

‘‘Bive persons summoned before the justice who took the depositions 
on the part of the contestant refused to be sworn. Two of said persons 
on a subsequent day gave their depositions on the part of the sitting 
member, of which depositions the contestant had notice at the time they 
were taken. 

“‘Such, then, is the ease as presented by the evidence before the com- 
mittee. 

‘‘With regard to the allegation of fraud in some manner and by some 
person at the Mukwonago election, no evidence whatsoever has been 
exhibited by the contestant in support of such allegation, and in the 
total absence of such evidence the committee deem it wholly unneces- 
sary to defend the character of the officers of the said election, when 
even the insinuations against them as made by the contestant are con- 
sidered by the committee as without foundation. 

‘In relation to the contestant having received more votes at the said 
election than have been credited to him on the election returns, the com- 
mittee are at a loss to perceive how such an idea could be entertained, 
on an examination of the evidence before them. He did not receive as 
many votes as the other candidates on the same ticket. Six of his own 
witnesses swear that they voted tickets from which his name was 
erased. He has received a credit on the poll lists for thirty-six votes, 
and it does not appear in any part of the testimony that those who 
swore that they voted for him were not included in the thirty-six. 

‘“ As to the point raised by the contestant that the election is void 
because the poll lists were not returned according to law, the committee 
have had the poll lists returned by the proper officers to them, that is, 
certified copies of them, and sufficient evidence appears that the elec- 


—_ 


462 WISCONSIN HISTORICAL COLLECTIONS _ [Nov. 16 


tion was legally and properly conducted, and the returns properly cer- 
tified. The committee have not considered the question thus raised as 
either within their province and duties or requiring a report to be made 
thereon. 

‘“The committee are therefore of the opinion that the contestant, Mat- 
thias J. Bovee, has failed in producing evidence to support the prayer of 
his petition, and they submit the following resolution: 

““Resolved, That the committee be discharged from the further con- 


sideration of the subject. 
W. R. Surru, Chairman’’ 


The said report was accepted and the committee discharged from the 
further consideration of the subject. 

Wm. R. Smith introduced the following resolution, which was read, 
to wit: ‘‘Resolved, That the Rev. Mr. McHugh, chaplain to this conven- 
tion, be requested to furnish a copy of the discourse delivered by him 
before the convention, on Sunday last, and that the same be printed 
for the use of the convention.’’ : 

Mr. Reed introduced the following resolution, to wit: ‘‘ Resolved, That 
at the election at which the votes of the electors shall be taken for the 
adoption or rejection of the constitution, the following article, to wit: 

“Section 1. The legislature shall have no power to pass any act 
granting any special charter for banking purposes. 

‘‘Section 2. No corporation within this state, nor any agency of any 
banking institution or other corporation without this state, shall issue 
within this state any kind of paper to circulate as money. 

“‘Section 3. The legislature shall have power, by a vote of two- 
thirds of the members of each house, to pass general laws under which 
associations may be formed for banking purposes. 

“‘Section 4. Every such law shall provide: 

“First. That the individual property of the stockholders shall be 

liable for the dues of any such association. ; 

‘Second. That every association shall deposit within the office of 

the secretary of state ample security for the redemption of its cireu- 

lating notes and other liabilities to the amount of the stock of such 
association, either in stocks of the United States or of some paying 
state of the United States. 

‘“‘Third. That such stocks, when so deposited, shall be appraised at 

their market value in the city of New York, and shall be reappraised 

upon the same basis annually thereafter, during the continuance of 
such association. 

“‘Fourth. That no such association shall issue any notes or paper 

to circulate as money that are not registered and countersigned by 

the secretary of state; and no such association shall receive or put in 
circulation notes or paper of an amount exceeding the appraised 
value of its stocks deposited as security ; and if any such stock so de- 
posited shall become depreciated, such association shall be required 

e make a further deposit of stocks to the amount of such deprecia- 

ion. 


1846] THE CONSTITUTION OF 1846 463 


‘‘Rifth. That all notes or paper issued by such association to cir- 
culate as money shall be made payable in gold or silver coin, on de- 
mand at the place issued. 

“Sixth, That if any such association shall fail to redeem its cir- 

culating notes or other dues on demand, the securities deposited shall 

be sold and the proceeds of the sale applied first to the redemption 
of its circulating notes, second to the payment pro rata of other lia- 
bilities of such association. 

“‘Seventh. The legislature shall have no power to pass any law 

sanctioning in any manner, directly or indirectly, the suspension 

of specie payments by any association issuing bank notes of any de- 
scription. 

‘Section 5. Every such law shall be published at least six months 
next preceding any general election, and be submitted to the votes 
of the electors at such election, and if approved by a majority of the 
electors voting upon that subject, shall take effect and not otherwise,’’ 


electors voting upon that subject, shall take effect and not otherwise”’ 
or rejection, in form following, to wit: ‘A separate ballot may be given 
by every person having the right to vote for the constitution, to be 
deposited in a separate box. Upon the ballots given for the adoption 
of the said separate article shall be written or printed, or partly writ- 
ten and partly printed, the words ‘‘General Banking Laws? Yes!’’ 
And upon the ballots given against the adoption of the separate ar- 
ticle, in like manner the words ‘‘ General Banking Laws? No!’’ And 
on such ballots be written or printed, or partly written and partly 
printed, the word ‘‘Banking,’’ in such manner that such words shall 
appear on the outside of such ballot when folded. If, at the said 
election a majority of all the votes given for and against the said ar- 
ticle shall contain the words ‘‘General Banking Laws? Yes!’’ then 
the said separate article shall be article of this constitution, in 
full force and effect, anything contained in the constitution to the con- 
trary notwithstanding.’ ”’ 

Moses M. Strong moved that the consideration of the said resolution 
be indefinitely postponed. And pending the question thereon, the 
morning hour having expired, Moses M. Strong moved that the rules 
be suspended for the consideration of the said resolution. And the 
question having been put, it was decided in the negative, two-thirds 
not having voted therefor. And the ayes and noes having been called 
for and ordered, those who voted in the affirmative were [affirmative 
50, negative 40; for the vote see Appendix I, roll eall 109]. 


This having been read through by the Secretary, the Presi- 
dent decided it did not fall within the rule of resolutions lying 
over one day, but on the contrary that it was then open for 
consideration. 

Moses M. Strong moved to postpone the same indefinitely. 


464 WISCONSIN HISTORICAL COLLECTIONS _ [Nnov.16 


Mr. Elmore hoped that course would not be pursued, but that 
it might take the usual course and be printed, that the conven- 
tion might see how it looked. 

Moses M. Strong said that all he desired was to save the time 
of the convention, which must of necessity be taken up in the 
discussion of this article. The same subject had been before 
the convention and by them rejected, and gentlemen ought 
with that to be content. 

Mr. Tweedy did not so understand the question before the 
convention. The question now presented was whether they 
would allow the people to say that free banking might exist 
in the state, whereas, it had been before presented in the form 
of having the convention decide that question without any re- 
gard to the will of the people. 

Moses M. Strong would not vote to submit any question to 
the people for their votes which he would not vote for directly. 

Mr. Judd was opposed to this summary disposal of the ar- 
ticle; it deserved to be more courteously treated—to be printed, 
that members could act understandingly. 

Mr. Reed desired to give his views on the subject when it 
should come up in its order, but was not prepared to do so now. 

W. Chase did not again want to have the bank question 
brought before the convention, believing as he did that it was 
properly settled at present. 

Mr. Elmore said he should vote against all such projects as 
that proposed by his colleague. He was opposed to banks and 
bank paper in all its shapes and forms; but at the same time 
as Mr. Reed had lately been among his constituents, and had 
come back with changed views in relation to banking, Mr. El- 
more hoped the convention would give him an opportunity of 
giving the reasons of his sudden conversion. For one, he was 
induced in some measure by curiosity to hear what he had to 
say for his article. 

Marshall M. Strong did not think that it was treating the 
gentleman discourteously to make the motion proposed. That 
course was frequently taken, when a vote was desired as a test 
on a naked proposition. Courtesy did not require this article 
to be passed through all the forms of readings and printing 


1846] THE CONSTITUTION OF 1846 465 


for the sake of being killed afterwards. He was ready to vote 
at that time, and believed the same was the case of every mem- 
‘ ber on the floor. 

Mr. Whiteside said every man ought to have come here pre- 
‘pared to vote on this question; they should have known the 
minds of the people of their counties on this subject, especially 
as it had been greatly agitated among them. Delay or agita- 
tion of this matter was unnecessary, as this and the test vote 
might as well be taken now as at any time. 

Mr. Randall denied that this question had ever been before 
the convention. Those questions were for the convention to 
decide upon, this for the people. He protested against this 
attempt to dodge the question in this indirect manner, to choke 
the friends of the measure from perfecting it. 

While he was speaking the clock struck ten, and the orders 
of the day were called for, so no question was taken.—E xpress, 
Nov. 24, 1846. 


No. 24, ‘‘ Article on the powers, duties, and restrictions of the legis- 
lature,’’ was taken up. And the question being on concurring in the 
amendment of the committee of the whole thereto, which was to strike 
out the tenth section thereof, Warren Chase called for the previous 
question, which was seconded. And the question having been put, 
“Shall the main question be now put?’’ it was decided in the affirma- 
tive. 

And the question having been put on concurring in the said amend- 
ment, it was decided in the negative. And the ayes and noes having 
been called for and ordered, those who voted in the affirmative were 
[affirmative 41, negative 53; for the vote see Appendix I, roll call 110]. 

Mr. Kellogg was excused from voting, he not having been in attend- 
ance during the discussion on the above question. The said article was 
then ordered to be engrossed for a third reading. 

No. 10, ‘‘ Article on constitution and organization of the legislature,’’ 
was then taken up. And the question being on concurring in the 
amendments of the committee of the whole thereto, a division of the 
question was called for. The question being on concurring in the first 
amendment, Moses M. Strong moved to amend the same by striking 
out “60”’ and inserting in lieu thereof ‘‘62.’’ And pending the ques- 
tion on said amendment, on motion of Asa Kinne the convention took 
a recess until two o’clock, P. M. 


TWO O’CLOCK, P. M. 


Article No. 10 was taken up. And the question having been put on 
adopting the amendment of Moses M. Strong, it was decided in the 


30 


\ 


466 WISCONSIN HISTORICAL COLLECTIONS _ [Nov. 16 


affirmative. And the ayes and noes having been ealled for and or- 
dered, those who voted in the affirmative were [affirmative 62, nega- 
tive 22. For the vote see Appendix I, roll call 111]. 

The amendment as amended was then adopted. 

The second amendment of the committee of the whole was then 
adopted. 

And the question being on the third amendment of the committee 
of the whole, which was to strike out the fourth section, Moses M. 
Strong moved to amend the same by adding, ‘‘and insert the article 
reported by the select committee to whom it was referred to make an 
apportionment [of representation] for the senate and house of rep- 
resentatives,’’ when Mr. Magone moved that the further consideration 
of the said article be postponed until tomorrow, and that the said 
amendment be printed. 

A division of the question was called for. And the question having 
been first put on postponing, it was decided in the negative. And the 
ayes and noes having been called for and ordered, those who voted in 
the affirmative were [affirmative 49, negative 49; for the vote see Ap- 
pendix I, roll call 112}. 

Mr. Dennis moved that the convention do now adjourn, which was 
disagreed to. 

Mr. Magone moved that the said article be committed to the com- 
mittee of the whole and ordered printed. 

Moses M. Strong moved that the further consideration of said article 
be postponed until tomorrow morning at ten o’clock, and that the said 
amendment and a tabular statement on the same subject be printed, 
which was agreed to. 

On motion of Mr. Hunkins the convention adjourned. 


On THE CoNSTITUTION OF THE LEGISLATURE 


This article came up on agreeing to the report of the com- 
mittee of the whole. 

Moses M. Strong moved to amend the report of the commit- 
tee fixing the number of the house of representatives at sixty 
by making it sixty-two; and said that sixty-two was the num- 
ber agreed upon by the committee of nine, to whom this subject 
had been referred, except that Mr. Beall wanted one member 
given to his county, Marquette. 

H. Barber hoped the motion would prevail—that the con- 
vention should determine what number should be placed in the 
house of representatives. 

W. Chase could not well see what connection the adoption 
of a number as the amount of the house had to do with the 
distribution of the members. The only question in his mind 


1846] THE CONSTITUTION OF 1846 467 


was this, Is sixty-two the best number that can be fixed upon 
for the house of representatives? Not how many will this or 
that county get. 

Mr. Holcombe could not so look upon the question, but that 
the fixing the number in the section was the commencement of 
a series of amendments reported by the committee of nine. If 
he had rightly understood the report of the committee, as read 
by the chairman thereof, all the northern counties were to have 
put one representative, without any reference to their popula- 
tion, position, or disconnection. 

W. R. Smith hoped the amendment would be adopted. It 
was well known that there had been a great deal of discussion 
in the convention on this subject, and much time spent; that 
in order to save the time of the convention the committee of 
nine had been raised on this subject. After a full and fair 
discussion of the whole matter the committee had agreed that 
sixty and twenty were the best numbers for the two houses; 
but as a compromise with the small counties which claimed 
each a representative, two had been added to the house and 
one to the senate and these were given to the northern and 
small counties. 

(Mr. Beall of Marquette addressed the convention at length 
upon this subject. We shall publish his remarks next week.) 

H. Barber said he did not design to enter into a discussion 
of the report of the select committee of which he was a mem- 
ber at this time; he preferred to wait until the report itself 
came up, and should not have arisen at this time but for what 
he considered a very unjustifiable attack made upon him by 
the gentleman from Marquette, impugning the motives by 
which he had been governed on the select committee, and to 
defend himself he should be obliged to go somewhat into the 
history of the matter. He said it would be recollected that 
when the article now under consideration was first before the 
committee of the whole several days since, he offered an 
amendment to strike out forty-five as the number of the house 
of representatives and insert sixty-five. He then stated his 
object to be to enlarge that body so as to give each of the or- 
ganized counties a representative. That motion failed; sub- 


468 WISCONSIN HISTORICAL COLLECTIONS _ [Nov. 16 


sequently the proportion was twice presented by other mem- 
bers and rejected. The subject after a lengthy discussion was 
referred to a select committee, and on that committee the mo- 
tion to base the representation upon population was put and 
rejected, four of the committee voting for it and five against 
it, when it became apparent that if the proposition as pre- 
sented to the house and as argued before the committee by the 
gentleman from Marquette was adopted by the majority of 
the committee, there would be a minority report, and the whole 
subject would return to be settled by the convention, without 
gaining anything by the appointment of the select committee. 
A proposition was then presented which resulted in what was 
then considered a compromise, making a house of sixty-two 
and a senate of twenty, all the members of the committee agree- 
ing to it, except the gentleman from Marquette. 

The proposition to increase the house two members gave the 
two members to the north part of the territory where he was 
desirous to extend the representation. Such, sir, said Mr. Bar- 
ber, was the action of the committee on Saturday, but this 
morning just before the report was made the committee met 
to hear the report as drawn up by the chairman and then the 
proposition was made to increase the senate by one. He then 
opposed such increase unless the northwest, where the new 
senator was to be located, would give up two of their represen- 
tatives to the four northern counties, which by the report was 
to have but two, which was refused and he voted against the 
alteration, whilst the gentleman from Marquette, himself, voted 
for it. 

And now, sir, the gentleman sees fit to attack me for what 
he is pleased to call my desertion of him, and he has referred 
to political division amongst the Democratic party on this floor, 
and has said he did not know what consideration had been held 
out to me to abandon him and to go over to the enemy. Sir, 
if the gentleman has supposed that I have been acting with 
him in this matter from any such consideration, he has mis- 
taken my motive. In presenting this subject at first he was 
influenced by the consideration that immediately after the or- 
ganization of a state government important subjects of legis- 


1846] THE CONSTITUTION OF 1846 469 


lation would come before the legislature, and one in relation to 
the improvement of the Fox and Wisconsin rivers, in which 
the northern counties had a deep interest, and he desired that 
those counties bordering upon these rivers should each have a 
representative in the first legislature, and with that view and 
for that object he had advocated the measure throughout. But 
the gentleman from Marquette, before he accuses me of act- 
ing from improper motives when I manifested a disposition 
to compromise the matter, and obtaining thereby a part of 
what I had been aiming at, should recollect that the two gentle- 
men from Brown, coming from a section of territory having 
an interest in common with all these small counties he is so 
anxious should have a representative, have opposed this prop- 
osition throughout both in the committee of the whole when it 
was first presented by me, and voting against it on select com- 
mittee where the gentleman complains of my action. 

Now, sir, said Mr. Barber, I consider the attack made upon 
me by the member from Marquette as unjustifiable, uncalled 
for, and ungentlemanly, and as such I repel it. 

Moses M. Strong moved to amend the amendment of the 
committee of the whole, which was to strike the fourth section 
from the article, by adding thereto ‘‘and insert’’ [the section 
he had reported this morning] on which a debate ensued, which 
consumed the remainder of the day. 

Mr. Magone moved to postpone the whole subject to tomor- 
row. Ayes 49, noes 49. 

Mr. Magone moved to recommit the article to the committee 
of the whole, and that the amendment be printed. 

Moses M. Strong moved to adjourn; which prevailed.—Ar- 
gus, Nov. 24, 1846. 


470 WISCONSIN HISTORICAL COLLECTIONS _ [Nov.17 


TuESDAY, NoveMBER 17, 1846 


Prayer by the Rev. Mr. McHugh. 

The journal of yesterday was read. 

Hiram Brown asked that leave of absence be granted to Mr. Phelps. 
Leave was granted. 

Mr. Hesk presented the petition of citizens of Waukesha County, 
asking that the homestead of citizens be exempted from forced sale, 
which, on his motion, was referred to the committee on miscellaneous 
provisions. 

Marshall M. Strong, from the committee on engrossment, reported 
No. 24, ‘‘ Article on the powers, duties, and restrictions of the legisla- 
ture,’’ as correctly engrossed. 

Mr. Moore introduced the following resolution, which was read, to 
wit: ‘‘ Resolved, That this convention hold evening sessions as follows: 
on Monday, Wednesday, and Friday evenings, commencing at seven 
o’clock.’’ 

The resolution introduced by Wm. R. Smith on yesterday, relative 
to publishing the discourse of the Rev. Mr. McHugh, was taken up, 
when Mr. Hunkins moved to amend the same by inserting ‘‘1,000 
copies,’’ which amendment was accepted by Wm. R. Smith. The said 
resolution was then adopted. 

The resolution introduced by Mr. Reed on yesterday was taken up. 
And the pending question thereon being on its indefinite postponement, 
and having been put, it. was decided in the affirmative. 

And the ayes and noes having been called for and ordered, those who 
voted in the affirmative were [affirmative 65, negative 30; for the vote 
see Appendix I, roll call 113]. 


Free BAankKING 


The President announced that the question before the con- 
vention was the motion of Moses M. Strong to postpone indefi- 
nitely the resolution and article introduced by Mr. Reed, to 
submit the question of free banking to the votes of the people, 
and which had been cut off on yesterday by the expiration of 
the morning hour. Mr. Reed rose and remarked that he did not 
consider himself able on account of his health to speak on the 
merits of his proposition as he could wish to do. On this ac- 
count he had committed what he had to say on this subject to 
paper, and which he asked consent to read. 


1846] THE CONSTITUTION OF 1846 A471 


The motion prevailed and the resolution was lost.—Argus, 
Nov. 24, 1846. 


BANKS AND BANKING 
(Remarks of Mr. George Reed, November 17, 1846) 


Mr. Present: When I voted for the article on the subject 
of banks and banking, I did so for the purpose of having that 
vote reconsidered—being opposed to any legislative restric- 
tions upon that subject; but, on reflection, as so large a major- 
ity of the convention was of opinion that the article would meet 
the approval of the people, I thought it would be idle to at- 
tempt to change materially the features of it, and that it would 
be permitted to go forth to the people in its present shape; but 
at the same time, not willing to risk the fate of the constitution 
itself upon the issue upon that single measure, I came to the 
determination to pursue another course which I thought would 
not fail to meet the approbation of a large majority of this 
convention. But, sir, when I introduced yesterday the resolu- 
tion to submit to a vote of the people a separate article, a mo- 
tion from a quarter from which I thought I had reason least 
to expect it was made to postpone indefinitely; and the vote 
which was taken after the morning hour had expired on a sus- 
pension of the rule in order that the vote might be taken on 
that motion satisfied me that I had greatly mistaken the views 
of certain gentlemen of this convention; and, sir, unless the 
gentleman will withdraw his motion and allow the resolution 
to be referred to the committee of the whole and printed, t 
shall be compelled now to give briefly some of the reasons 
which impelled me to offer the resolution, though the feeble 
state of my health admonishes me that I ought to be silent. 

The article which we have adopted contains the most extra- 
ordinary declarations and provisions. It declares that noth- 
ing but gold and silver coin and foreign bank bills shall be used 
or circulated as a currency within this state; it declares that 
no person shall have the right to issue, or receive or pay out, 
within this state, any kind of paper credits intended to cireu- 
late as money; it declares that no person shall pass or put in 


472 WISCONSIN HISTORICAL COLLECTIONS | [noyvy. 117 


circulation, within this state, any paper credit of certain denom- 
inations, issued under the authority of any other state of the 
Union, or of the United States; it declares that no corporation 
shall receive deposits, or buy or sell bills of exchange; and it 
provides that the legislature shall enforce the observance of 
all these declarations by the enactment of penal statutes; it 
provides that any person who shall not surrender certain nat- 
ural rights which he is allowed to exercise under every consti- 
tution of the states must lose his property or his personal lib- 
erty. From a deep and settled conviction in my own mind that 
the people will not impose upon themselves these restrictions 
I am induced to offer this proposition. 

Sir, while on the one hand the people will not submit to be 
governed by chartered monopolies, nor suffer their rights and 
interests to be hedged in and circumscribed by special privi- 
leges enjoyed by the few, they will never, on the other, sanction 
a constitutional provision that destroys their own freedom of 
action, and deprives them of all the advantages of a great 
branch of trade and commerce so highly useful when left like 
any other pursuit to the control and management of the people 
themselves. 

The measure which we have already adopted has satisfied 
the people that we have but little confidence in, and place but 
little reliance upon their wisdom and virtue, or their capacity 
of self-government. It shows that we have drawn our argu- 
ments and observations from the peculiar situation of our ter- 
ritory ten years gone by, when the mere frontier of civiliza- 
tion, instead of looking forward to the time when our state is 
to become peopled with its millions and its wealth increased 
in an equal ratio. What change of circumstances and time 
may produce none here can foresee, and none here ought to 
pretend that we are able to declare; and the only safe prin- 
ciples for the guide and government of our action here are that 
there is enough of intelligence—enough of honesty and integ- 
rity of purpose—enough of wisdom and virtue among the peo- 
ple, at all times, for self-government—that the most enlight- 
ened freedom among the people is that which is the most en- 
larged; and, sir, the power over this subject will be safe in 


1846] THE CONSTITUTION OF 1846 473 


their hands, and their rights and interests, individually and 
collectively, will be better promoted, better guarded and pro- 
tected, without the chains and fetters which by this measure we 
ask them to put on—without the despotism of this constitu- 
tional rule which we ask them to adopt. 

Our wealth and population are increasing rapidly—our trade 
and commerce are growing in importance and will continue 
to advance more rapidly than those of any other state of the 
West, unless the people should adopt the narrow-minded, 
jealous, and restrictive policy which we have proposed. 

And, sir, I tell gentlemen that this “‘hard’’ system, which 
appears so charming and beautiful to them in theory, can never 
be reduced to practice, without breaking the intercourse, dis- 
turbing the mutual participation in commerce, and destroying 
the business and social relations which now and ought ever to 
exist between the citizens and people of this state and the cit- 
izens and people of other states. 

The people feel, and, sir, we ought to feel that we are incom- 
petent to foresee the future condition and prescribe the future 
wants—to measure in advance the progress, define the re- 
sources and the means adequate to their full development—to 
frame and adjust measures calculated to meet the emergencies 
and varied and varying circumstances which must necessarily 
mark the career of this state during the few years to come. 

What we were six years ago and what we are today—what 
was our condition then and what it is now—is so different 
that the legislation applicable to our wants at the one time falls 
far short of our present requirements. 

No one in 1840, when a population numbering a little more 
than 40,000 was to be provided for, would have dared to ex- 
tend his legislative functions to meet the rapid increase and 
development of population, wealth, and resources since, from 
that time to this. How then are we prepared to do the same 
thing now? Commercial and agricultural facilities and em- 
ployment increasing with incalculated rapidity—every means 
of industry, every opportunity for the investment of capital 
multiplying daily around us—every district opening new treas- 
ures, inviting the attention and stimulating the energy of our 


474 WISCONSIN HISTORICAL COLLECTIONS _ [nov.17 


people—every day rolling up to our astonished vision new dis- 
coveries in every department of human enterprise—who, I ask, 
sir, can tell the measures and means necessary to foster, en- 
courage, and protect all these interests which are daily increas- 
ing in magnitude and diversity? Who has a vision so pene- 
trating as to enable him to scan the future and adapt special 
legislation to the advancing strides of our state and people? 
As well might you attempt to cut and form for the infant in the 
cradle its successive garments through the periods of child- 
hood, youth, manhood, and old age! 

Sir, the people desire to be left free to act as the genius of 
the times or the spirit of the age shall require, and they will 
not voluntarily yield that freedom of action so necessary to 
their own well-being, to be chained up by a constitutional pro- 
vision, nor will they permit it to be destroyed or curtailed by 
the mere government agency which they will soon be called 
upon to establish. They will not give to their government 
agency the power to create distinctions in the condition of the 
people by bestowing privileges upon the few which are denied 
to the many—they will not give the power to enact laws that 
shall not recognize the perfect equality of human rights or 
that shall be untrue to the great principles and interests of 
democracy. 

All the affairs of trade and commerce will be left to regu- 
late themselves, independent of any legislation upon the sub- 
ject, except such as shall be necessary for the prevention and 
punishment of frauds and for the protection of the equal rights 
of the people. 

And, sir, I contend that banking is a distinctive branch of 
business, with which the government should have no more to 
do than with any other branch engaged in, carried on, and 
conducted either by individuals or associations; affording 
equal protection to, and imposing equal liabilities upon associ- 
ated and individual capital—extending to the one hundred men 
with their thousand dollars each, associated, the same privi- 
leges that are enjoyed by the individual with his one hundred 
thousand dollars. 


1846] THE CONSTITUTION OF 1846 475 


The Constitution of the United States made gold and silver 
the standard of value, or, in other words, the legal currency 
of the country, and most wisely left its regulation to the nat- 
ural laws of trade, conferring no power upon the federal gov- 
ernment to establish a bank and give to a few individuals the 
exclusive privilege of furnishing and regulating the currency 
and exchanges of the country. When the United States Bank 
was chartered the constitution was violated; when the differ- 
ent states chartered their numerous bank monopolies a doubt- 
ful power was exercised and certain natural rights of the peo- 
ple were taken away in the bestowal of certain special privi- 
leges on the few to regulate the affairs of the many; hence 
grew up a system of banking in the United States, the most 
corrupt and corrupting—a system which has proved disastrous 
to the best interests of the country—a system which by dis- 
turbing or defeating the legitimate operation of the natural 
laws of trade has at times shook the commerce of the nation 
from its center to its circumference and caused bankruptcy 
and ruin throughout the land. All this has afforded an elo- 
quent theme for declamation, and changes have been rung upon 
it in this hall by gentleman who claim to belong to the pure, 
uncorrupted, and incorruptible Democracy. All this has been 
seized upon and used as an argument, and for the purpose of 
frightening men from their propriety and getting engrafted 
into the constitution of this state a provision which, if sanc- 
tioned by the people, will abridge their natural rights. And, 
sir, gentlemen in their zeal in advocating or defending what 
they term a vital principle in the polity of our state have 
stepped beyond the bounds of reason and left open to attack 
the names of Madison, Jackson, Van Buren, Calhoun, and 
Polk, and from the position which they occupy here are unable 
to utter one word in defense of these great names. 

Yes, sir, the bright names of Madison and Jackson are to be 
struck from the Democratic roll—Van Buren, Polk, and Cal- 
houn are to be read out of the Democratic ranks by the new 
lights which have recently sprung up in the West. 

If to oppose the connection of government with banks—if 
to oppose the mingling of politics with the question of cur- 


vo. 


476 ‘WISCONSIN HISTORICAL COLLECTIONS  [Nov.17 


rency—if to oppose legislative machinery for the regulation 
of currency and exchange—if to oppose all legislative inter- 
ference with, and restrictions upon, any of the natural laws of 
trade—if to oppose any infringement of the natural and equal 
rights of the people, by taking from them the power over the 
questions of banking and currency—makes men bank men, then 
all these great names are obnoxious to the charge, and the 
_ anathemas which have been uttered by gentlemen here must 
fall upon them. 

But, sir, there is another and more important feature in this 
proposition. Sir, I have a deep and abiding confidence in the 
people to guard their interests at all times. Individual men 
may quail before the exigencies of the times, but the people are 
competent to any emergency. Individuals may shrink from 
responsibility, but the people are equal to any occasion that 
calls for their action. 

The observation of individuals is limited to the circle with- 
in which they move, but the people, as a whole, are everywhere 
present, scanning every measure and accurately calculating its 
effects upon individual prosperity and the public welfare. 

This proposition leaves the people free to think and act, to 
choose, adopt, sanction, or reject, discard, and condemn either 
policy, according as it shall promise to promote or retard their . 
progress. Instead of 120 minds being brought to bear upon 
this great question, I propose that 200,000 minds shall judge 
it, and as many tongues discuss it. Let this proposition go 
forth to the people, and it will be discussed and tried in every 
counting room, in every office, at every fireside, in every field, 
shop, and cabin in the state. Mind will enlighten mind, ex- 
perience will be added to experience, thought will beget 
thought, and thus the aggregate wisdom of the whole people 
will be, as it were, transmitted from man to man, till the voice 
of the people shall finally settle the question, and settle it 
wisely. 

And why not subject this question to this tribunal? The will 
of the people should be our law. No one here desires to run 
counter to the popular will. Then why check its utterance? 
Why fear its voice? Has Democracy progressed so far as to 


1846] THE CONSTITUTION OF 1846 AT7 


have leaped from the bosom of the people to the arms of a few 
political aspirants? Are gentlemen so much wiser than their 
constituents that the latter are not permitted to think or speak 
put through the mind and lips of guardian keepers? Do gen- 
tlemen fear the adoption by the people of this proposition? 
And, sir, suppose the people in their simplicity shall say that 
they will keep the power over this subject in their own hands, 
to be used or not at their discretion, will gentlemen be less wise 
and learned in that event? 

Sir, I would not do aught to diminish the Democratic fervor 
that seems to animate gentlemen who oppose a popular test of 
this question. I would not take a Democratic hair from their 
head because I would have the number less. I would not let 
down the Democratic standard which has been erected, but I 
would like to see the people elevated to that standard. Sir, 
fhough from the effects I have observed on others I would not 
venture upon the giddy height from which our leaders survey 
the Democratic field, yet I do think we may trust the people - 
there a little moment. Si, gentlemen would usurp the place 
which belongs to the people. 

Sir, a man of olden time, on surveying this human constitu- 
tion of ours with all its parts and members so wisely and so 
appropriately adapted to its design, was forced to exclaim that 
it was fearfully and wonderfully made. And, sir, I greatly 
fear that the people will so exclaim of the constitution we shall 
frame, though perhaps with different sentiments, and for dif- 
ferent reasons, unless we regard the practical good sense which 
the people require in exercise. 

Sir, the time was when constitution-making was a rare af- 
fair, and many men found themselves suddenly enlarged by 
having a hand in the matter. But those days are gone by. It 
has become a common affair now. There are so many of them, 
and all so similar that I have little expectation of seeing any 
considerable number of great men indebted for their greatness 
to their seat here. It will therefore be quite as well to turn 
our attention to the business of making a constitution for the 
people, instead of making one for ourselves. 


478 WISCONSIN HISTORICAL COLLECTIONS [Nov. 17. 


Sir, if there is a diversity of opinion here on this subject of 
banking and currency, that is the best evidence that there is 
a diversity of opinion among the people. Then, sir, let the 
people decide the matter. Let them have it as they like, and 
our duty will have been done. If the people err, as err they 
sometimes do, they are always prompt to correct their error. 
They never hang themselves upon pride of opinion, nor do 
they fear to do right because they may have been committed 
to the wrong. Consistency is never so beautifully exemplified 
as in a steady pursuit of the right even though it leads us to 
a discovery and acknowledgment of the fact that we have been 
in the wrong. 

If, therefore, we have advanced too far in our endeavor to 
guard and protect the currency of the people—if, sir, in our 
endeavors to keep the people out of the fire we have so ham- 
pered them that they are unable to get out of the mire, let us at 
least put into their hands the knife or scissors that they may 
cut the bands if they choose to do so. 

It may be, nay, sir, it has been contended that the will of 
the Democratic party has been expressed on this subject; that 
this is now a settled question with the party. But, sir, is it 
so? Then why this difference of opinion among good men 
and true, on this floor. Why this diversity of sentiment 
among members representing different constituencies, aye, 
and even among gentlemen representing the same constitu- 
ency? Why has this proposition gone out from a Democratic 
convention in another state? Why this desire of good Demo- 
crats to submit it to the people? Ill tell you, sir. The people 
have not passed upon the question. And the very measure 
now proposed will accomplish that result. Let that result be 
accomplished, and a vexed question will be settled by the high- 
est earthly authority, and to whose decision all will most 
cheerfully submit. 

Mr. President, if this or some similar proposition be not 
sent forth to the people, or the article which we have adopted 
be not stricken out or essentially and materially changed, the 
constitution on account of that and other objectionable fea- 
tures will be rejected.—Democrat, Nov. 28, 1846. 


1846] THE CONSTITUTION OF 1846 479 


No. 24, ‘‘ Article on the powers, duties, and restrictions of the legis- 
lature,’’ was then read a third time. And the question having been 
put on the passage of said article, it was decided in the affirmative. 
And the ayes and noes being required by the rules, those who voted 
in the affirmative were [affirmative 83, negative 14; for the vote see 
Appendix I, roll call 114]. 

So the article passed, and the title thereof was agreed to. 

No. 10, ‘‘ Article on constitution and organization of the legislature,’’ 
was taken up. And the question being on concurring in the three 
amendments [third amendment] of the committee of the whole there- 
to, which was to strike out the fourth section thereof, Moses M. Strong 
moved to amend the amendment by inserting the article reported by 
the select committee relative to an apportionment of senators and rep- 
resentatives. 

A. Hyatt Smith moved that the said article be committed to a com- 
mittee of nine, with instructions to report a representation on the plan 
of the law of 1842, on a basis of 21 for senate and 63 for house, and 
also on a basis of 22 for senate and 66 for house. 

Mr. Judd moved to amend the motion by adding as follows: ‘‘Pro- 
vided, That each organized county within the territory, except the 
eounties of Richland and Chippewa, shall be entitled to one member in 
the house of representatives.’? And the question having been put, it 
was decided in the affirmative. And the ayes and noes having been 
ealled for and ordered, those who voted in the affirmative were [affirma- 
tive 49, negative 46; for the vote see Appendix I, roll eall 115]. 

Mr. Elmore moved to amend the motion by striking out all between 
the words ‘‘nine’’ and ‘‘provided,’’ which was agreed to. 

On motion of Mr. Magone the convention took a recess until two 
o’clock, P. M. 


TWO O’CLOCK, P. M. 


Article No. 10 was then taken up, when Moses M. Strong moved to 
amend by striking out all after the words “‘a committee of,’’ and insert- 
ing the following words, to wit: ‘‘Eleven, with instructions to report an 
apportionment of senators and representatives among the several coun- 
ties, based upon population, so that no district shall have a senator or 
representative upon a population of less than three-fifths of common 
ratio,’ and moved a call of the convention, which was seconded, and 
Messrs. Agry, John M. Babcock, Bevans, Brace, Charles E. Browne, 
Burt, Cartter, Clark, Coombs, Dunning, Fuller, Hunkins, Mills, Patch, 
Prentiss, Randall, Geo. B. Smith, and John Y. Smith reported absent. 

On motion Messrs. Burt, Coombs, and Mills were excused from their 
attendance on the convention. 

The sergeant at arms not being in attendance, Mr. Ryan moved that 
the rules be suspended for the consideration of the resolution relative 
to dispensing with the services of sergeant at arms, which had been 
laid on the table, which was agreed to. 


480 WISCONSIN HISTORICAL COLLECTIONS  [Nov.17 


Mr. Clothier moved that the said resolution be laid upon the table, 
which was agreed to. And a division having been called for, there 
were 37 in the affirmative and 15 in the negative. 

Moses M. Strong moved that all further proceeding under the call 
be dispensed with, all the absentees being in attendance except John 
Y. Smith and Coombs, which was disagreed to. And a division having 
been called for, there were 26 in the affirmative and 27 in the negative. 
The sergeant at arms having reported that he was unable to find 
Messrs. John Y. Smith and Coombs, on motion of Warren Chase all 
further proceedings under the call were dispensed with. 

Mr. Magone moved the previous question, which was not seconded. 

The question was then put on the amendment of Moses M. Strong 
to the motion of A. Hyatt Smith and was decided in the negative. 
And the ayes and noes having been called for and ordered, those who 
voted in the affirmative were [affirmative 48, negative 54; for the vote 
see Appendix I, roll call 116]. u 

Mr. Ryan moved that the motion of A. Hyatt Smith be laid upon 
the table. And the question having been put, it was decided in the 
affirmative. And the ayes and noes having been called for and or- 
dered, those who voted in the affirmative were [affirmative 55, nega- 
tive 45 ; for the vote see Appendix I, roll call 117 i 

Moses M. Strong, by leave, withdrew his amendment to the amend- 
ment of the committee of the whole. 

Mr. Elmore moved that the said bill and amendments be recommitted 
to the committee of the whole. And the question having been put, it 
was decided in the affirmative. And the ayes and noes having been 
called for and ordered, those who voted in the affirmative were [affirm- 
ative 62, negative 35; for the vote see Appendix I, roll call 118}. 

The convention resolved itself into committee of the whole for the 
consideration of the said article and amendments, Hiram Barber in 
the chair. And after some time spent therein the committee rose and 
by their chairman reported the same back, with a recommendation that 
the article be referred to a select committee of eleven. The said report 
was then adopted. 

On motion of Mr. Elmore the convention adjourned. 


On THE CONSTITUTION OF THE LEGISLATURE 


Moses M. Strong renewed his motion to amend as of yester- 
day. 

Mr. Dennis opposed the motion to amend on the ground that 
it did not distribute the members according to their popula- 
tion and cited Grant and the counties on the Mississippi as 
having gained two members of the house and a senator, based 
on no population. 


1846] THE CONSTITUTION OF 1846 481 


_ A. H. Smith moved to refer the whole subject to a committee 
of nine, with instructions to report a section based on popula- 
tion, on the principle of the laws of 1842 and 1846, by which 
the representatives of the legislature of the territory have 
been distributed. 

Mr. Judd moved to amend the motion so that the report 
should give a member to each county. This failed. Ayes, 48; 
noes, 54. 

Mr. Ryan moved to lay the motion on the table, which pre- 
vailed. 

Mr. Bevans said the delegates from Grant would give up one 
of the members of the house of representatives that the com- 
mittee had assigned to that county. 

Moses M. Strong said that as gentlemen for whose benefit 
the compromise had been entered into saw fit to abandon it, he 
did not think that duty compelled him longer to abide by the 
proposition; therefore he should abandon it and fall back on 
the principle of representation based on population. He then 
withdrew his proposition to amend. 

Mr. Lovell moved to amend as propos[ed] by Mr. Strong, 
except Racine was to have 8 members of the house of repre- 
sentatives and Jefferson 4, while Grant was to have but 4, and 
Chippewa, St. Croix, and La Pointe but 1. 

Mr. Elmore moved that the article be referred to the com- 
mittee of the whole, which prevailed. 

Mr. Tweedy offered an amendment to the fourth section, so 
that it would provide that the ‘‘legislature should be formed 
on a principle to be provided for in another article.’’ 

Mr. Huebschmann offered a substitute for the section, pro- 
viding that all apportionments shall be made on a basis to be 
formed by dividing the whole population of the state by the 
number of members of each house to find the unit of represen- 
tation, and giving to each county having a unit or three-fifths 
of a unit one member to that house for such unit or three-fifths 
of a unit; that a county or counties not having a unit or three- 
fifths of a unit should be attached to some other contiguous 
county. 


31 


482 WISCONSIN HISTORICAL COLLECTIONS — [Nov.17 


A. H. Smith moved that the committee rise and report, and 
recommended that the whole subject be referred to a commit- 
tee of eleven, to report thereon. The motion prevailed, and 
Messrs. A. H. Smith, Dennis, Madden, Bell, Hicks, Cartter, 
Parks, N. F. Hyer, Gibson, Goodrich, and Tweedy were ap- 
pointed the committee. 


Long discussions arose on these several motions, in which 


the convention were occupied to a very late hour in the day, 
when the convention adjourned.—Express, Nov. 24, 1846. 


Sia 


1846] THE CONSTITUTION OF 1846 483 


WeEpDNESDAY, NovEMBER 18, 1846 


Prayer by the Rev. Mr. McHugh. 

The journal of yesterday was read. 

The President announced the appointment of the following com- 
mittee, to which was referred article No. 10, to wit: Messrs. A. Hyatt 
Smith, Dennis, Madden, Bell, Hicks, Cartter, Parks, Nathaniel F'. Hyer, 
Gibson, Goodrich, and Tweedy. 

Warren Chase moved that leave of absence be granted to Mr. Hazen. 
Leave was granted. . 

The President presented the report of the clerk of the district court 
of the county of Dane which was read and referred to the select com- 
mittee on that subject. 

Petitions were presented and referred as follows: By Mr. Dennis, 
a petition of citizens of Dodge County asking that the homestead of 
citizens be exempted from forced sale; by Mr. Burnside, a petition of 
citizens of Iowa County, on the same subject; by Mr. Huebschmann, a 
petition of citizens of Milwaukee County, and also a petition of citi- 
zens of Washington County, on the same subject, which were severally 
referred to the committee on miscellaneous provisions. 

Mr. Soper introduced the following resolution, which was read, to 
wit: “‘Resolved, That the member apportioned by the select commit- 
tee of nine to the county of Grant, and so suddenly flushed from her 
beautiful prairies by her own delegation, be permitted to settle down 
and remain in the county of Manitowoc.”’ 

The resolution introduced by Mr. Hicks on the fourteenth instant, 
relative to limiting the quantity of land which any individual may 
hereafter possess in this state, ete., was taken up, when Mr. Judd moved 
that the same be laid upon the table, which was agreed to. 

The resolution introduced on yesterday by Mr. Moore, relative to 
holding an evening session of this convention on certain evenings of 
each week, was taken up and adopted. : 

The convention then resolved itself into committee of the whole for 
the consideration of the report of the select committee on articles Nos. 5, 
6, and 7, and sundry resolutions, Mr. Judd in the chair. And after 
some time spent therein, the committee rose and by their chairman re- 
ported progress thereon, and asked leave to sit again. Leave was 
granted. 

i an motion of Mr. Doty the convention took a recess until two o’clock 


TWO O'CLOCK, P. M. 


The convention again resolved itself into committee of the whole 
for the consideration of the report of the select committee on articles 
Nos. 5, 6, and 7, and sundry resolutions, Mr. Judd in the chair. And 


7 


484 WISCONSIN HISTORICAL COLLECTIONS _ [Nov. 18 


after some time spent therein, the committee rose and by their chair- 
man reported progress thereon, and asked leave to sit again. Leave 
was granted. 

On motion of Mr. Ryan the convention took a recess until seven 
o’clock, P. M. 


SEVEN O’CLOCK, P. M. 


The convention again resolved itself into committee of the whole for 
the consideration of the report of the select committee on articles Nos. 
5, 6, and 7, and sundry resolutions, Mr. Judd in the chair. And after 
some time spent therein, the committee rose and reported the articles 
back with amendments. 

Mr. Rankin asked that leave of absence be granted to himself. Leave 
was granted. 

On motion of Mr. Huebschmann the convention adjourned. 


The convention then resolved itself into committee of the 
whole on the report of the select committee on the articles on 
internal improvements, taxation, finance, and public debt, and 
on corporations other than municipal. 

The article on corporations other than municipal was en- 
tirely stricken out. 

The resolutions reported by the select committee elicited a 
long discussion which was not ended till the adjournment at 
noon. 

The resolutions as reported by the select committee are as 
follows: 

“Resolved, That the legislature shall at its first session 
pass an act forever refusing the assent of this state to the pro- 
visions of an act of Congress entitled ‘An Act to grant a quan- 
tity of land to the territory of Wisconsin for the purpose of 
aiding in opening a canal to connect the waters of Lake Michi- 
gan with those of Rock River,’ approved the eighteenth of 
June, 1838, and refusing the grant therein made, and refusing 
to assume the trusts thereby created. 

‘Resolved, That the state of Wisconsin does hereby refuse 
to assent to the provisions of an act of Congress entitled ‘An 
Act to grant a certain quantity of land to aid in the improve- 
ment of the Fox and Wisconsin rivers, and to connect the same 
by a canal, in the territory of Wisconsin,’ approved the sixth 
day of August, 1846, and does hereby refuse the grant thereby 


1846] THE CONSTITUTION OF 1846 485 


made; but does hereby request Congress to pass an act grant- 
ing the net proceeds of the lands granted by the act last men- 
tioned, when sold by the United States under the laws and reg- 
ulations of their land offices, to this state, in aid of the work 
mentioned in the said act, to be paid over to the proper officer 
of this state from time to time; and in case Congress shall pass © 
such an act, then the funds accruing from such grant are hereby 
irrevocably pledged to the works mentioned in the said act of 
the sixth day of August, 1846. 

“‘Resolved, That Congress be requested upon the admission 
of this state into the Union to pass an act whereby the grant 
of five hundred thousand acres of land, to which this state is 
entitled by the provisions of an act of Congress entitled ‘An 
Act to appropriate the proceeds of the sales of public lands, 
and to grant preémption rights,’ approved the fourth day of 
September, 1841, and also the five per centum of the proceeds 
of the public lands lying within this state, to which this state 
shall become entitled on her admission into the Union, by the 
provisions of an act of Congress entitled ‘An Act to enable 
the people of Wisconsin Territory to form a constitution and 
state government, and for the admission of such state into the 
Union,’ approved the sixth day of August, 1846, shall be 
granted to this state for the use of schools instead of the pur- 
poses mentioned in that behalf in the said acts of Congress, re- 
spectively. 

“‘ Resolved, That the foregoing resolutions be appended to 
and signed with the constitution of this state, submitted there- 
with to the people of this territory, and to the Congress of the 
United States.’’ 


AFTERNOON SESSION 


The committee of the whole again took up the resolutions. 

Mr. Tweedy presented the following additional resolutions, 
to follow the first resolution, which were discussed and 
adopted: 

“Resolved, That the Congress of the United States be and 
is hereby requested upon the admission of this state into the 
Union so to alter the provisions of the act of Congress, ap- 


486 WISCONSIN HISTORICAL COLLECTIONS _ [Nov. 18 


proved June 10, 1838, and so to alter the terms and conditions 
of the grant made therein that the odd-numbered sections 
thereby granted and the net proceeds of so much thereof as 
shall have been sold by the territory of Wisconsin may be held 
and disposed of by the state as part of the 500,000 acres of 
land to which the state is entitled by the provisions of an act 
of Congress entitled ‘An Act to appropriate the proceeds of the 
sale of the public lands and to grant preémption rights,’ ap- 
proved the fourth day of September, 1841. That the even- 
numbered sections reserved by Congress may be offered for 
sale by the United States for the minimum price, and subject 
to the same right of preémption to occupants as the public 
lands of the United States. 

“‘Resolved, That, in case the said odd-numbered sections 
shall be ceded to the state as aforesaid, the same shall be sold 
by the state, in the same manner, at the same minimum price, 
and subject to the same right of preémption to occupants as 
the public lands of the United States are now sold, and the ex- 
cess price over and above one dollar and twenty-five cents per 
acre absolutely or conditionally contracted to be paid by the 
purchasers of any part of said sections which shall have been 
sold by the territory of Wisconsin shall be remitted to such 
purchasers, their representatives, or assigns.”’ 

At five o’clock the convention adjourned. 


EVENING SESSION 


The convention organized by choosing Moses M. Strong as 
president pro tem, the President being absent. 

The resolutions were still under consideration in committee _ 
of the whole, Mr. Judd in the chair. 

The question was on the motion of Mr. Baird to strike out 
the second resolution reported by the committee; which, after 
a long discussion in which Messrs. Baird, Brace, and some 
others advocated the striking out, and Messrs. W. R. Smith, 
Doty, and some others opposed it, the motion was carried. 

Mr. Doty proposed a substitute which was rejected. 


a 


1846] THE CONSTITUTION OF 1846 487 


At the close of the evening session the article and the reso- 
lutions as amended were reported back to the house.—Demo- 
crat, Nov. 21, 1846. 


CORPORATIONS OTHER THAN MUNICIPAL AND BANKING 
(Remarks of N. F. Hyer, in committee of the whole, November 18, 1846) 


Mr. Presipent: I understand that when this subject was re- 
ferred to the select committee, it was for the purpose of pro- 
viding in the article some provisions by which charters for in- 
ternal improvements might be passed by the legislature, with 
such provisions as would induce capitalists to engage in the 
business. This, sir, I understood from the gentleman from 
Racine (Mr. Ryan) who was subsequently appointed chairman 
of this select committee, but, sir, instead of reporting liberal 
provisions, as was proposed, we have reported back to us the 
same objectionable features contained in the original report 
of the standing committee. The fourth section reads as fol- 
lows: 

‘<The legislature shall have power to incorporate by special 
act any corporation for special acts of internal improvement; 
but no such act shall embrace more than one district and spe- 
cial work; and no such act shall take effect until it shall have 
been passed by two successive legislatures, by a majority of 
all the members elected to each house, to be ascertained by 
yeas and nays to be duly entered on the journals of each house, 
respectively.’’ 

My objection is to the last part of the section, requiring the 
matter to be passed upon by two successive legislatures, and 
requiring a majority of all the members elected. Now, sir, 
members of legislative bodies are men, governed by like pas- 
sions with other men, and among those passions is one called 
jealousy. Now, sir, it requires no great stretch of imagination 
to perceive how this passion might be brought about to bear 
upon a project which all might admit to be not only useful but 
necessary. We will suppose that it is proposed to incorporate 


488 WISCONSIN HISTORICAL COLLECTIONS _ [Nov. 18 


a company for the construction of a railroad from the lake to 
the Mississippi; if it is proposed to terminate it at Milwau- 
kee, Racine and Southport would be opposed to it. If at Ra- 
cine, Milwaukee and Southport would oppose it; and the same 
passion might govern men through the whole length of the 
route, and in this way a truly meritorious object might fail to 
get even a majority of the members present in its favor. And 
why trammel the subject by requiring its passage through two 
successive sessions, especially as the least change in the bill 
during this second ordeal would as effectually kill it as would 
its entire rejection? 

So much for the fourth section. 

The seventh section reads as follows: 

‘*All members of every corporation formed under any gen- 
eral or special law shall individually be jointly and severally 
liable for all debts and liabilities of such corporation, con- 
tracted or incurred at any time before they respectively finally 
ceased to be members of such corporation or during three 
months thereafter, and no member of any corporation shall be 
released from such liability by the repeal or dissolution of 
such corporation. ”’ 

In making internal improvements, by far the greatest 
amount of expenditure consists in labor, which is usually paid 
for every Saturday night; and wherefore the necessity of this 
section? Suppose a failure—is it not enough that the company 
lose the whole amount of capital invested? Shall the man 
who has invested ten thousand dollars be subject to lose a hun- 
dred? Again, sir, suppose a man worth one hundred thousand 
dollars to have invested ten thousand—each individual is by 
this section made liable for all the debts of the corporation— 
it may be more convenient to sue the individual than the cor- 
poration. What is there to prevent this man from being con- 
tinually harassed by petty law suits? If men possess the 
sagacity of men they will not lay themselves thus liable. 

No, sir, the principle is very well when applied to bank char- 
ters, but is entirely out of place here. 

Again, sir, it is very well understood that the lands in the 
interior are more productive than on the lake shore (owing 


1846] THE CONSTITUTION OF 1846 489 


doubtless to the influence of the lake winds) and if we can 
have a market for our produce at home nearly equal to that 
on the lake shore, then our lands are as valuable as theirs. A 
judicious system of internal improvements will create that 
market; then, sir, why should they not be encouraged. 

Should the constitution be so formed as in effect to discour- 
age internal improvements, I am prepared to see it rejected 
and should rather live under our present charter.—Argus, 
Nov. 24, 1846. 


“fy ™ 


490 WISCONSIN HISTORICAL COLLECTIONS _ ,nov. 19 


THurRspDAY, NoveMBER 19, 1846 


Prayer by the Rev. Mr. McHugh. 

The journal of yesterday was read. 

Mr. Mills presented the petition of citizens asking that persons who 
observe the seventh day as the Sabbath be allowed certain privileges, 
which on his motion was referred to the same committee of the whole 
which shall have under charge the bill of rights. 

Mr. Baker gave notice that he would on some future day move a re- 
consideration of the vote by which article No. 1 on banks and banking 
was adopted. 

Mr. Bevans, to whom was referred the bill of rights, reported the 
same back with amendments. The said report was accepted. Mr. 
Ryan moved that the secretary make a fair copy of the article on a bill 
of rights, which was agreed to. 

Mr. Bevans, from the same committee, made the following report, 
to wit: 


‘‘The committee to whom was referred resolutions Nos. 4 and 5, 
requiring the committee to report a provision prohibiting members of 
this convention and others from holding office, beg leave to report the 
following according to instructions: 

“‘Until the expiration of two years after the adoption of this con- 
stitution, no delegate to this convention shall hold any office of trust 
or profit created by this constitution, nor shall any such delegate, or 
any or either of the present. officers of the territory elected or ap- 
pointed by the president of the United States or the governor of this 
territory be elected to the Senate or House of Representatives of the 
United States until after the expiration of the said term of two years.’ 


A. Hyatt Smith, from the minority of the committee to which was 
referred the bill of rights, reported No. 29, ‘‘ Article on exclusion from 
office.’’ 


“‘The minority of the committee to whom the two resolutions were 
referred on the subject of exclusion from office report the following 
sections in obedience to the instructions contained in said resolutions: 

““Section —. No delegate to this convention shall hold any office of 
trust or profit created by this constitution until two years after its 
adoption by the people. 

*“Section —. No delegate to this convention nor any person hold- 
ing an office under the territorial government, whether by election or 
appointment, shall be elected to the Senate or House of Representa- 
tives of the United States until two years after the adoption of this 
constitution by the people. 

“All of which is respectfully submitted, 

A. Hyatt Smita 
L. BEvANs’’ 


1846] THE CONSTITUTION OF 1846 491 


Mr. Bevans, from select committee to whom was referred the 
pill of rights, reported the same back with verbal amendments 
and recommended the adoption of three new sections. 

A. H. Smith presented a minority report of same committee, 
saying it would be recollected that there were two resolutions 
referred to the committee, one excluding the delegates in this 
convention from office for two years after the adoption of this 
constitution, which this convention had a perfect right to do, 
the other excluding also all now holding office in the territory, 
which he conceived this convention had no right to do. Hence, 
as a minority of the committee, he would report the two sub- 
jects in two separate articles instead of one, as in the majority 


report. 
Mr. Baker moved to postpone the consideration of the whole 


matter to the fourth of July next, which was afterwards with- 
drawn.—E xpress, Nov. 24, 1846. 


Mr. Steele, from the committee on miscellaneous provisions, made the 
following report, to wit: 


‘<The committee on miscellaneous provisions, to whom was referred 
the petition of Z. Eddy and three others, report that the matter therein 
mentioned has been before this committee for their consideration some 
time previous hereto, and that they have reported in accordance with 
the request of the petitioners.’’ 


Mr. James introduced the following resolution, which was read, to 
wit: ‘‘Resolved, That it is not necessary for this convention to pass 
any resolution disfranchising its members from holding offices for the 
next two years, as the people of this territory will be sure to attend 
to that matter themselves.’’ 

The resolution introduced on yesterday by Mr. Soper, relative to an 
apportionment of members of the house of representatives, was taken 
up, when Mr. Soper, by leave, withdrew the same. 

The report of the committee of the whole on articles Nos. 5, 6, and 7, 
and sundry resolutions was then taken up. 

And the question being on concurring in the amendments of the com- 
mittee of the whole thereto, and a division of the question having been 
called for, Mr. Judd moved to amend the first amendment of the com- 
mittee of the whole, which was to strike out the first section of the ar- 
ticle on taxation, finance, and public debt, by inserting as follows, to 
wit: ‘‘Section 1. All taxes to be levied in this state at any time shall 
be as nearly equal as may be.”’ And the question having been put, it 
was decided in the affirmative. And the ayes and noes having been 
ealled for and ordered, those who voted in the affirmative were [affirm- 
ative 47, negative 46; for the vote see Appendix I, roll call 119]. The 
question was then put on adopting the amendment as amended, and was 


\ 7 
‘ 
; 


492 WISCONSIN HISTORICAL COLLECTIONS _ [Nov. 19 


decided in the affirmative. The ayes and noes having been ealled for 
and ordered, those who voted in the affirmative were [affirmative 56, 
negative 43; for the vote see Appendix I, roll call 120]. 

Mr. Mills moved to amend the second amendment of the commit- 
tee of the whole, as follows, to wit: ‘‘Insert as section second, ‘All 
property belonging to this state or to the United States; all public 
school lands and all property belonging to any school or institution 
of learning, supported in whole or in part by any public school fund 
or tax; and all public burying grounds shall be free from taxation.’ Bi 
And the question having been put, it was decided in the negative. 

The second amendment of the committee of the whole was then con- 
curred in. 

And the question having been put on concurring in the third amend- 
ment of the committee of the whole, it was decided in the affirmative. 
And the ayes and noes having been called for and ordered, those who 
voted in the affirmative were [affirmative 53, negative 43; for the vote 
see Appendix J, roll call 121]. 

Mr. Ryan moved a call of the house, which was ordered, and Messrs. 
Burt, Coombs, Dickinson, Elmore, Gilmore, Kern, and John Y. Smith 
reported absent. On motion, Messrs. Coombs, Burt, and Kern were 
excused from their attendance. 

Mr. Magone moved that all further proceedings under the eall be 
dispensed with, which was disagreed to. And a division having been 
called for, there were 28 in the affirmative, negative not counted. 

Mr. Judd moved that all further proceedings under the eall be dis- 
pensed with, several of the absentees having appeared in their seats, 
which was agreed to. 

Mr. Magone called for the previous question, which was ordered. 
And the question having been put, ‘‘Shall the main question be now 
put?’’ it was decided in the affirmative. And the ayes and noes having 
been called for and ordered, those who voted in the affirmative were 
[affirmative 67, negative 34; for the vote see Appendix I, roll call 122]. 

The question was then put on concurring in the fourth amendment 
of the committee of the whole, which was to strike out the article on 
corporations other than municipal, and was decided in the affirma- 
tive. And the ayes and noes having been called for and ordered, those 
who voted in the affirmative were [affirmative 53, negative 49; for the 
vote see Appendix I, roll call 123]. 

The question was then put on concurring in the fifth amendment 
of the committee of the whole and was decided in the affirmative. And 
the ayes and noes having been called for and ordered, those who voted 
in the affirmative were [affirmative 92, negative 8; for the vote see Ap- 
pendix I, roll call 124]. 

The question was then put on concurring in the sixth amendment 
of the committee of the whole and was decided in the affirmative. And 
the ayes and noes having been called for and ordered, those who voted 
in the affirmative were [affirmative 73, negative 26; for the vote see 
Appendix I, roll eall 125]. 


1846] THE CONSTITUTION OF 1846 493 


By unanimous consent of the convention the seventh section of 
the article on taxation, finance, and the public debt was amended by 
inserting the word ‘‘leyying’’ after the word ‘‘for’’ in the third line. 

Mr. Tweedy moved that the vote ordering the main question to be 
put be reconsidered. 


Mr. Tweedy was in favor of the bill in general, but could not 
vote for the third resolution, and therefore moved to recommit 
with instructions to strike out the third resolution. 

Marshall M. Strong was opposed. Members could not hope 
to get in all their particular notions. He hoped members 
would not consent to go through with the whole matter again. 

Mr. Tweedy had found an easier way to get at the matter and 
withdrew his motion to recommit.—Ezpress, Nov. 24, 1846. 


The President decided that the motion was not in order, the previous 
question having been ordered, and this not being a privileged question. 

Moses M. Strong appealed from the decision of the President and 
moved that the rules be suspended to allow the question of order to 
be discussed. And the question having been put, it was decided in 
the negative, two-thirds not voting therefor. And the ayes and noes 
having been called for and ordered, those who voted in the affirmative 
were [affirmative 56, negative 43; for the vote see Appendix I, roll 
eall 126]. 

And the question having been put, ‘‘Shall the decision of the Pres- 


dent stand as the judgment of the convention?’’ it was decided in the 


affirmative. And a decision having been called for, there were 51 in 
the affirmative and 26 in the negative. 

The question was then put on ordering the said article to be en- 
grossed for a third reading, and was decided in the affirmative. And 
the ayes and noes having been ealled for and ordered, those who voted 
in the affirmative were [affirmative 66, negative 32; for the vote see 
Appendix I, roll call 127]. 

On motion of Marshall M. Strong the convention took a recess until 
two o’clock, P. M. 

TWO O’CLOCK, P. M. 


Mr. Dennis asked that leave of absence be granted to Mr. Clark. 


Leave was granted. 
Articles Nos. 26, 11, 3, and 17 were taken up, when Mr. Holeombe 
moved that the further consideration of the said articles be postponed 


for one week, which was agreed to. And a division having been called 


for and ordered, there were 35 in the affirmative and 21 in the nega- 
tive. 
Mr. Hicks, by leave, introduced the following resolution, which was 


‘read, to wit: ‘‘Resolved, That the committee on revision and adjust- 


0 en 


494 WISCONSIN HISTORICAL COLLECTIONS _ [Nov.19 


ment be instructed to substitute in place of number one on banks and 
banking the following as an article of the constitution: 


‘‘ “The legislature shall have no power to pass special charters for 
any kind of banking purposes whatever. But a majority of all mem- 
bers of either house with the ayes and noes recorded on the final pas- 
sage may pass general laws of association for such purposes, the 
stockholders to be made individually responsible for their respective 
shares of all liabilities of the association. The aggregate amount of 
issues to be limited, with ample security for its redemption. A regis- 
try of all debts to be required, and bill holders to have preference in 
payment in case of insolvency.’ ”’ 

The convention then resolved itself into committee of the whole for 
the consideration of No. 13, ‘‘ Article on the organization and functions 
of the judiciary,’’ Wm. R. Smith in the chair. And after some time 
spent therein the committee rose and by their chairman reported prog- 
ress thereon, and asked leave to sit again. Leave was granted. 

Mr. Clothier asked that leave of absence be granted to himself. Leave 


was granted. 
On motion of Mr. Ryan the convention adjourned. 


ORGANIZATION AND FUNCTIONS OF THE JUDICIARY 


Mr. Magone moved to strike out, in the first paragraph of 
section 1, all after the word ‘‘senate,’’ which was carried, thus 
excluding the judges from court for trial for impeachments. 

Mr. Judd moved to strike out all after the word ‘‘courts”’ 
in the third line of section 2, which provided for organization 
of special courts of chancery. Carried. 

Mr. Ryan moved to strike out provision for municipal courts. 

Mr. Tweedy could not agree with the gentleman. He did 
not doubt this time; he knew. Cities must have separate po- 
lice courts for speedy trial of petty criminal cases; and espe- 
cially would these municipal courts be indispensable, as there 
is no provision made in this article for inferior courts. Cities 
must have many more petty criminal cases than the country 
and they ought to bear the expense. It is not fair to put this 
expense upon the county at large. Since, then, cities have 
more petty cases, and can settle them more speedily and with 
less expense, why not let them have them? There can be no 
danger. 

Mr. Ryan spoke from experience. He had seen these courts 
tried at Chicago and at Alton, till the people petitioned en 


1846] THE CONSTITUTION OF 1846 495 


masse for their abolition. He would go as far as any man for 
speedy justice, but he would not go for unequal. He said that 
municipal courts gave the city creditor the advantage over the 
county creditor, who could not be constantly on the watch, as 
the city creditor could, to take advantage of the speedy judg- 
ments of the municipal courts. 

Mr. Tweedy said there could be no danger in this proposi- 
tion. There is no fear the legislature will confer on these 
courts improper powers. If they were found objectionable in 
any case, the legislature could abolish them, as in the cases the 
gentleman himself (Mr. Ryan) had quoted. Certainly we 
should not deprive them of the power. 

Mr. Crawford thought that if his unfortunate resolution 
(abolition of laws for the collection of debts) had passed, it 
would have saved all these speeches. 

The motion to strike out was lost. 

G. B. Smith moved to strike out the whole of section 2 and 
insert the first section in the article of the minority report, 
which was lost. 

Mr. Brace moved to strike out that part of the section mak- 
ing judges elective by the people and insert, ‘‘making them ap- 
pointed by the governor and senate,’’ which was afterwards 
withdrawn on suggestion of Mr. Ryan and several others that 
it would be better to settle the general system before getting 
snarled in debate on that question. 

J. A. Barber moved to strike out the whole of the fourth sec- 
tion and insert a section making the judges of the circuit court 
also judges of the supreme court. He thought that judges who 
should be in business through the year would be better than 
those who should sit in idleness two-thirds of the time. He 
also thought it would be more economical to have five than 
eight judges. 

Mr. Ryan believed that the better way was that the supreme 
judges be also the circuit court. The separate supreme bench 
has a tendency to make ‘‘parchment lawyers.’’ He thought 
that a judge’s legal knowledge should be concurrent with his 
practical. He did not believe that under this system the su- 
preme judge would earn his pay—he believed in paying work, 


496 WISCONSIN HISTORICAL COLLECTIONS  [Nov. 19 


not dignity. This system, too, would be creating a useless num- 
ber of officers. He had thought much on the subject, and in his 
Judgment five judges were enough for a population of 250,000— 
he believed that they could do the work and do it well. He 
instanced New York—she had tried both systems. Under the 
system which the amendment proposes, she had produced the 
best set of common law reports the country has, Johnson’s. 
His reports are standard for every man of the profession. She 
changed her system, and what have we? Cowen and Wendell, 
and from them growing worse and worse from day to day. The 
only objection he had heard urged against the system of the 
amendment was the danger of logrolling among the judges. 
That will be an argument if we propose having poor judges, 
but good judges are never afraid to review their decisions and 
to correct them if wrong. If we are not to have poor judges, 
by all means let us have the system which has received the sanc- 
tion of time in the New World and the Old. 

Marshall M. Strong was pleased at the candor with which 
this subject was approached; it argued well for the final settle- 
ment. He believed that a good judiciary system depended on 
four things: mode of appointment, tenure of office, pay, and 
the amendment now under consideration. He said of New 
York that the recent convention had with hardly a dissenting 
voice returned to the old system. He called attention to the Sys- 
tem adopted by the United States courts and said that this Sys- 
tem had been in operation in England for one hundred years. 
His two main reasons in favor of the system of the amendment 
were: First, the supreme judge needs the practical knowledge 
he can acquire by sitting at nisi prius. Second, the circuit 
judge needs the legal learning and time for research he can 
acquire by sitting on the supreme bench. The matter of ex- 
pense was another reason. The sudden increase from three to 
eight judges would appear like desire for creating offices. He 
said it is true our experience in this territory has been un- 
fortunate ; but gentlemen must not make their opinion from one 
case only—should look over the whole ground, listen to the 
opinions of Story, and the experience of the best. 


i 


j 


1846] THE CONSTITUTION OF 1846 497 


Mr. Baird was on the committee who reported the article; 
was one who supported the separate supreme court. He came 
here fully convinced that that was essential; but he would con- 
fess that his opinions had been somewhat shaken. Still he 
would give what were his views. His main objection to the 
proposed amendment was that already mentioned, the danger 
of logrolling. He felt that that was a danger. No gentleman 
who had had to do with the courts of this territory could doubt 
it. He would appeal to every lawyer, and to the reported deci- 
sions of our court. He did not believe five judges enough; called 
attention to the surprising increase of population; said we were 
making a system not for now merely, but also for the future. 
It is not a fact that three judges are sufficient for the business 
now. They do not have time. The judge gets in town just in 
time to take his seat on the bench Monday morning, and leaves 
as soon as the week is up. They do not do the business. Ex- 
pense is but a small consideration compared with a good sys- 
tem. 

Mr. Tweedy considered this a most important subject, or he 
would not trouble the convention with any remarks. He had 
a deep conviction on the subject of this amendment; he fully 
concurred in all that had been said in its favor; was more con- 
firmed in his opinions every day. He knew of several lawyers 
in Milwaukee who had been opposed to the principle of this 
amendment, but had since been convinced and abandoned their 
opposition. In committee the question had stood 4 to 4; the 
Chair gave the casting vote for the proposition of the bill, but 
was not very strenuous in its favor—cannot be more so now. 
He said that he could do but little more than give his assent to 
the arguments already presented. One thing he considered as 
settled—that judges who try issues of fact in circuit court, 
other things being equal, became the most able men. The cases 
are five to one both in England and in this country. It is the 
tendency of the thing. When a judge comes in contact with 
people of all kinds, dispositions, and feelings, it is the trial and 
discipline for making a good judge. Much legal learning alone 
is not enough; without knowledge to apply it to men and things, 
itis only an encumbrance. There is no substitute for this prac- 


32 


498 WISCONSIN HISTORICAL COLLECTIONS _ [Nov.19 


tical knowledge. He said we are to arrange this thing for our 
present state; if we were in New York where we had multi- 
tudes of men already trained in this practical part perhaps we 
might without danger adopt the principle of the bill. That is 
the only reason it has worked as well as it has in the older 
states. They had old men with experience; and he had no doubt 
these same men would have been better if they had had nisi 
prius experience. Story (if we may believe his eulogist, Chas. 
Sumner) the ablest jurist of the age, pronounced his decided 
opinion in favor of the system and deprecated the time when 
the policy of the United States courts should be changed. It is 
the system of the older states, the system under which he had 
always lived, and he had never heard it complained of except 
in Wisconsin. Men do not become profound without experience 
and great labor; and men do not do this labor, do not get this 
experience, without necessity; and what necessity is there for 
a supreme judge to make any effort? We all know how easy 
it is for him to shift all labor from his shoulders. He does not 
come before the public; he is only known by the profession, by 
his brethren on the bench; only has to agree to decisions made; 
need not make one; may go on to the bench a dunce and go off 
a dunce, and nobody knows it unless the profession tell them. 
But if he comes before the people in trials of fact, every man 
must stand or fall on his own merits. The whole people will 
know his ability so that, certainly, if the elective method is 
adopted, this one thing is sufficient to overbalance all objec- 
tions. He was almost tempted to repeat what had been said of 
the necessity that the judge have practice at nisi prius. Does 
not every man know that there can be no improvement without 
practice? It has been well said by Spencer—‘‘ The judgeship is 
a profession.’’ He must improve in his profession, and that 
improvement must be made at nisi prius. Sherman, the best 
jurist of Connecticut, said he knew nothing of law till he came 
to the bar. True, he had been where the law was, among the 
books. 

Why, what is the business of the judge in court of error, and 
of the attorney? It is to picture to the imagination the pre- 
cise state of the trial below—all the facts and circumstances. 


1846] THE CONSTITUTION OF 1846 499 


How can this be done—how can the judge make this conception 
unless he has been in practice below? Unless we have judges 
backed by thirty years’ experience, we must have a miserable 
bench, if they are to be deprived of practice at nisi prius. How 
is it that an old judge on the supreme bench so often fails and 
sinks till the whole profession wish him out of the Way as an 
incubus? Because he gives up the work; he is not made to 
labor. A judge must not rust out; he must labor at nisi prius. 
There he gets the benefit of the opinions of the best lawyers. 
He (Mr. Tweedy) much doubted whether Chancellor Kent, 
great as he is, would not say that the lawyers who practiced be- 
fore him made him the great jurist he is. He could not bear 
the idea of taking such timber as we have in this territory to 
put on the supreme bench; but let them go on the circuit, and 
they would make good judges in three years. 

He confessed that our own experience in this territory has 
been bad; but he conceived that if these three judges had been 
appointed with sole reference to their fitness, and had been 
responsible to the people here instead of being sent from a dis- 
tance, there would not have been that difficulty. We are to 
have five in number, appointed or elected by us, responsible to 
us, watched by us—by the people and the bar. 

He thought the gentleman from Brown (Mr. Baird) had not 
touched the system by his objection. Possibly in time five 
might be too small a number; but they could be easily increased. 
Now, five are enough. 

The committee then rose, reported, and asked leave to sit 
again. 

The convention then adjourned.—E xpress, Nov. 24, 1846. 


ORGANIZATION AND FUNCTIONS OF THE JUDICIARY 


The convention in committee of the whole took up the article 
on this subject, Wm. R. Smith in the chair, when Mr. Magone 
moved to amend the first section by striking out from the first 
sentence all after ‘‘senate,’’ which prevailed. The sentence 
read thus, ‘‘The court for the trial of impeachments shall be 
composed of the senate and the judges of the supreme court or 
a major part of them.’’ 


500 WISCONSIN HISTORICAL COLLECTIONS _ [Nov. 19 


Mr. Judd moved to strike out all that part of section 2 which 
authorized the legislature to establish a court of chancery in 
the state; and said that in his opinion a court of chancery not 
connected with a law court was the worst court that ever was 
or could be established, for delay, vexation, and abuse. The 
motion prevailed. 

Mr. Ryan moved to strike out so much of the same section as 
authorized the legislature to establish municipal courts; and 
said that he did not know of any good reason for the estab- 
lishment of these courts, but chose rather to let all the people 
of the state resort to the same tribunals, believing these 
afforded ample protection. 

Mr. Tweedy said that it was a great matter of convenience 
for the inhabitants of the cities to have police courts for the 
speedy trial of petty offenses. The necessity of such courts had 
manifested itself to nearly every state of the Union, and they 
had provided for and established them. He had no hesitancy 
in saying that with only the ordinary courts no vigorous sys- 
tem of police could ever be carried out in the cities. More petty 
offenses are committed in cities than among the same number 
of people in the country, and in addition to the consideration 
that there should be a speedy trial given to such cases, the 
county ought not to be burdened with the expenses of them as 
it would be under the ordinary courts. 

G. B. Smith was in favor of the amendment proposed, and if 
it did not prevail, he should move to amend the section by sub- 
stituting the first section of the report of the minority for this. 

Mr. Ryan remarked that his experience on the subject of mu- 
nicipal courts had not been favorable to their establishment. 
The inhabitants of Chicago and Alton, where he had resided, 
had such courts established among them, and they had peti- 
tioned the legislature to take the same away. 

Mr. Magone hoped that Milwaukee at least would be allowed 
to retain her municipal courts. They might not be needed for 
the present population of the city, but he feared that they would 
be needed if the gentleman who had wandered over so much of 
the west should be permitted to come that way. 

The motion to strike out was lost. 


4 


1846] THE CONSTITUTION OF 1846 501 


G. B. Smith moved to substitute the first section of the minor- 
ity report for the report under consideration; the amendment 
reads as follows: 

‘<The judicial power of this state both as to matters of law 
and equity shall be vested in a supreme and district court for 
each county, in justices of the peace, and in such other courts 
as the legislature may from time to time establish.’’ 

He preferred this section to the one reported by the major- 


- ity because it gave to each county a supreme and district court, 


and thus brought the courts into every county, to the very 
homes of the people, where all could have access to them. All. 
the reason he had ever heard against such a course was that 
there was some inconvenience attending it. The system had 
been found to act well in Ohio. It will keep the judges of the 
supreme court employed. 

The motion to amend was lost, and the Chair read the fourth 
section providing for a supreme court of one chief justice and 
two associates, two of whom should form a quorum, who should 
be elected by the whole state. 

J. A. Barber moved to strike out the section and insert a new 
section providing that the circuit judges shall hold the supreme 
court and that the judge who tried the cause below should not 
sit on the hearing in the supreme court. 

Mr. Baker said that amendment now offered would test the 
sense of the committee on the question of there being two sep- 
arate courts, or but one, and he hoped the effect of the amend- 
ment would be understood. 

Mr. Brace moved to amend the section by striking out so 
much as related to the election of the judges and provided for 
their appointment by the governor and senate. 

Marshall M. Strong said he hoped this motion would be un- 
derstood; it involved the question of an election or an appointed 
judiciary. 

Mr. Tweedy remarked that he was in favor of the amend- 
ment and intended at some future time to give his reasons for 
preferring it to the method by election. 

Mr. Ryan confessed his preference to the appointing method, 
and would if he had an opportunity give his reasons for that 


502 WISCONSIN HISTORICAL COLLECTIONS [Nov. 19 


method, but at present he hoped the question would not be 
raised nor discussed, but that the committee would perfect all 
the other parts of the bill, leaving that an open question for 
future action. Mr. Brace withdrew his motion, and Mr. 
Ryan continued that he should act on this bill as if that 
question had been settled to his entire satisfaction, with no 
other intent than to perfect it with the elective principle pre- 
vailing. He was in favor of the amendment of J. A. Barber as 
a better system than the one reported by the committee. It was 
better for the judges themselves as it placed them among the 
people, making them practical men rather than dry parchment 
lawyers, knitted to schemes and old sayings of one or two hun- 
dred years ago; by giving the judge active duties that will oc- 
cupy him nearly all the time it prevents him from becoming 
lazy and indolent. The supreme judges are not needed to the 
people, because the duties required of them can be performed 
just as well and better by the circuit judges, and it would add 
the expenses of paying them to the other expenses of the courts. 
It would be better to give the amount required to pay them to 
the other judges than to establish this separate bench. He had 
no doubt but that about five judges could do all the business of 
the courts, and do it up right. New York furnished an example 
of a state which had a supreme court, the judges of which held 
the circuit courts, and he ventured nothing in saying that the re- 
ports of causes made at that time and reported by Johnson were 
second to none of the last one hundred years. The judges of 
that itime were sound practical men, who mingled with men, and 
understood the business transactions; when the state deter- 
mined to constitute a separate bench the character of the re- 
ports began at once to deteriorate in value; they lost their sound 
practical good sense and became almost useless as books of au- 
thority out of the state; and the judges became impracticable, 
pettyfoggying, learned dunces. An able and strong-minded 
judge will never hesitate to review his own decision and to cor- 
rect any error he may have made at the trial of the cause below; 
but it is not the case of a small man with small mind, a man who 
never ought to sit on the bench. He did not believe that Wis- 


1846] THE CONSTITUTION OF 1846 503 


eonsin was to have such judges, but that she was to have good 
judges placed on her bench. 

Marshall M. Strong did not mean to repeat what had been 
said by his colleague (Mr. Ryan) but wished to add thereto 
some of the reasons that induced him to prefer the amendment 
now proposed to the original section. He esteemed the amend- 
ment a highly important one both for the judge and for the peo- 
ple. If the circuit judge should never sit on the supreme bench, 
but be always engaged in the trial of causes, he would have no 
time or opportunity of having the principles of the law fully ar- 
gued and settled in his mind; and of not less advantage to the 
judge was the knowledge of law to circuit than was the knowl- 
edge of business to the supreme judge. The people of the state 
of New York have seen the error of changing their system of a 
separate bench, and at the late convention there was an almost 
entire unanimity of opinion on this subject, and the old system 
has been restored. It is the system of the courts of the United 
States, and he had never heard any ground of complaint in rela- 
tion to its operation. So it was in England, and her courts for 
the last one hundred and fifty years had remained pure and 
stood as the bulwarks of liberty, the boast and pride of the na- 
tion. Experience of America and England should have its 
weight on the question; true it will be said that our experience 
had been found to favor the amendment, that the judges of the 
territory of Wisconsin have not been found always acting on 
this high principle of adding experience to learning, a desire to 
act right without any regard to who made the decision. This 
he thought would be prevented by the elective principle, since 
a dishonest judge being brought in immediate contact with the 
people cannot expect a reélection, should he ever be caught at 
logrolling through the supreme court by a decision contrary to 
the settled principles of law. Lawyers are not like politicians ; 
a change of opinion is not considered an unpardonable offense, 
but they changing their opinion on various questions every day, 
being convinced on authorities or arguments of others that they 
were inerror. That the system proposed by the amendment is 
the best that can be devised has been admitted by the ablest 
men and best judges that have ever sat on the bench. 


504 WISCONSIN HISTORICAL COLLECTIONS  [Nov.19 


Mr. Baird had come here strongly prepossessed in favor of 
separating the supreme court from the circuit, as being the bet- 
ter way to obtain a faithful administration of the laws, and 
without which no good government could exist; though he had 
been of that opinion, yet he was willing to concede after what 
he had heard from gentlemen who had thought different from 
him that he began to doubt whether it would be best to divide 
them, and could some objections he could name be removed from 
his mind he would give his assent and support to the amend- 
ment. He believed the experience of this territory had been 
such as to convince him and the people generally that a system 
of logrolling had existed among the judges to sustain each 
other’s opinions, right or wrong. It might not be so, but that 
was the general opinion of the bar, and the decisions of the 
court gave ample grounds to sustain the belief. If he could be 
convinced that this system will not be continued, he could then 
lend to the amendment his support. 

Another objection he would mention to the system was the 
impossibility of five judges performing the duties of the circuit 
and supreme courts. Under the present system many of the 
counties had suffered materially for the want of time or willing- 
ness on the part of the judge to do up the business of the court. 
This had been particularly the case with Brown County. If 
three judges have not been enough to perform the business thus 
far, he could not believe that five would be able to do it for the 
next ten years. The increase of population has been beyond all 
calculation. When those who professed to know the most set 
down the amount at 100,000, and for that estimate were set 
down as visionaries, the census was taken and the report took 
the whole territory by surprise. What is to prevent the same 
increase for the next ten years? There is still much land unim- 
proved, and more still in the hands of the Indians and which 
will probably be treated for in the course of the ensuing year, 
and the day is not far distant when it will be all filled up with 
inhabitants, formed into counties, and require courts. Gentle- 
men should remember that the constitution is not for the pres- 
ent state of the population, but an eye should be had to the fu- 
ture, when these new counties shall be filled up. Therefore if 


Henry §. Barb 


From an oil portrait in the Wisconsin Historical Library 


1846] THE CONSTITUTION OF 1846 505 


q ‘ 4 five judges should even be able to do the work now, they will not 
_ beable to do it for any length of time. 


Mr. Tweedy agreed fully in all that had been said by the two 


: gentlemen from Racine in relation to the effect of the labor of 


trying causes and revising the decisions on the supreme bench 
upon the mind of the judge. He was also in favor of bringing 
the judge in contact with the people, that he might keep pace 


_ with business, and that they might become acquainted with him. 


But place a man on the supreme bench and he may sit there for 
years a perfect dummy, never deciding a cause; if his brethren 
impose the burden upon him, he will evade the point of issue 
and decide on some immaterial one. Of such a man the people 


- ean know nothing. Not so when the judge holds the eireuit 


eourt—then and there the people will be able to judge of the 
eapacity of the man for a judge. Wisconsin might have such 
judges unless the amendment should be adopted. This argu- 
ment had more weight in his mind than any other to make him 
favor the amendment and the system it proposed. 

Another thing should be considered by gentlemen—our 
judges were to be young men, because there were not among us 
men of age and judicial experience, as there are in some of the 
states. Could gentlemen name the man they would place on the 
bench to sit in final judgment on a case without further experi- 
ence and practice? J. C. Spencer says that the business of a 
judge is a profession; and he had often heard Sherman say that 
he knew nothing of law until he began to practice. So the judge 
wants the practice to make him perfect, and this can be obtained 
only in the trial of causes. Very few of the many eases tried 
and points of law decided at the trial are earried up to the su- 
preme court; and what do go up must be repictured to the court 
that they may have a correct understanding of it, and the mind 
be able to receive the impression. How can this be done when 
the judge has no idea of what occurred at the trial of the cause? 
Unless there was a probability of placing on the bench men of 
thirty or forty years’ legal experience, the supreme and eireuit 
courts ought most certainly to be the same. Nor is it safe even 
then, for an active mind—and no other could acquire the neces- 
sary knowledge—might, if placed in an imactive position, be- 


506 WISCONSIN HISTORICAL COLLECTIONS  [nov. 19 


come inbecile and weak and thus be unfitted for the duties of a 
judge. So a judge must work—work all the time or he will 
rust. 
In his opinion, if the judges that had been here had been able 
men rather than political beneficiaries, if they had been ac- 
countable to the people of Wisconsin, there would have been no 
cause of complaint of their having logrolled their decisions. 
Such a complaint has not been heard of in other places. In re- 
ply to the argument of the gentleman from Brown (Mr. Baird) 
that five judges could not do the labor that would be required, 
he would say that the article could provide for additional 
judges whenever the legislature should see fit. 

The committee rose and the convention adjourned.—Argus, 
Nov. 24, 1846. 


1846] THE CONSTITUTION OF 1846 507 


Frway, NoveMBER 20, 1846 


Prayer by the Rev. Mr. McHugh. 

The journal of yesterday was read and corrected. 

Leave of absence was asked for and granted, as follows: By Mr. 
Janssen for Mr. Kern; by Mr. White for Mr. James. 

The President presented the report of the clerk of the district court 
of the county of Jefferson, which was read and referred to the select 
eommittee on that subject. 

Moses M. Strong presented the account of Shields & Sneden for 
erape for the use of the convention. 

Mr. Magone presented the account of Mr. Helfenstein for plank 
furnished the superintendent to fit up the hall. 

The said accounts were severally referred to the committee on ex- 
penses. 

Mr. Ryan introduced the following resolution, which was read, to 
wit: “‘Resolved, That the state of Wisconsin does hereby assent to the 
provisions of an act of Congress, entitled ‘An Act to grant a certain 
quantity of land to aid in the improvement of the Fox and Wisconsin 
rivers, and to connect the same by a canal in the territory of Wiscon- 
sin,’ approved the sixth day of August, 1846, and does hereby accept 
the grant thereby made in aid of the works therein mentioned, Pro- 
vided, and upon the express condition, That the said act of Congress 
shall not be so construed as to impose any obligation on the part of 
this state to expend any funds in the works mentioned in the said act 
of Congress other than the net proceeds of the lands granted by the 
said act in aid of the said works, and shall not be so construed as to 
impose any liability on this state, in any contingency, to refund to the 
United States any of the proceeds of the said lands which shall have 
been expended by this state on the said works.”’ 

Mr. Judd gave notice that he would on some future day move to 
reconsider the vote by which the report of the select committee on ar- 
ticles Nos. 5, 6, and 7, and sundry resolutions was ordered to be en- 
grossed for its third reading. 

The resolution introduced on yesterday by Mr. James, relative to 
disfranchising the members of this convention, was taken up, when 
Mr. Ryan moved that the consideration of the same be postponed until 
the day of the next general election. 

Mr. Hunkins moved that the same be laid upon the table, which was 
agreed to. 

The resolution introduced by Mr. Hicks on yesterday, relative to 
banks, was taken up, when Warren Chase moved that the consideration 
of the said resolution be indefinitely postponed. And the question 
having been put, it was decided in the affirmative. And the ayes and 
noes having been called for and ordered, those who voted in the aftirm- 


508 WISCONSIN HISTORICAL COLLECTIONS _ [nov. 20 


ative were [affirmative 76, negative 17; for the vote see Appendix I, 
roll call 128]. 

Mr. Hicks moved that the vote on the passage of No. 1, ‘‘ Article on 
banks and banking,’’ be reconsidered, when Moses M. Strong moved a 
call of the convention, which was ordered, and Messrs. Agry, Beall, 
Burt, Coombs, Coxe, Granger, Hays, Pierce, Prentiss, and Vineyard 
[were] reported absent. The sergeant at arms was sent for the ab- 
sentees. On motion, Messrs. Burt and Coombs were excused from their 
attendance. 

Pending the report of the sergeant at arms, Mr. Elmore moved that 
the rules be suspended in order to present a petition, which was agreed 
to. Mr. Elmore then presented a petition of Geo. Whitemore and 77 
others against any banking system. 

The sergeant at arms reported the absentees all in attendance. 
Moses M. Strong moved the previous question, which was seconded. 
And the question having been put, ‘‘Shall the main question be now 
put?’’ it was decided in the affirmative. And the ayes and noes hav- 
ing been called for and ordered, those who voted in the affirmative 
were [affirmative 64, negative 42; for the vote see Appendix I, roll call 
129]. 

The question then recurred on the motion of Mr. Hicks. And havy- 
ing been put, it was decided in the negative. And the ayes and noes 
having been called for and ordered, those who voted in the affirmative 
were [affirmative 53, negative 53. For the vote see Appendix I, roll 
call 130]. 

The resolution offered yesterday by Mr. Hicks on the subject 
of banks and banking coming up during the morning hour, W. 
Chase moved to postpone the same indefinitely. 

Mr. Hicks asked and obtained leave to amend his resolution 
so as to strike out the instructions to the committee, and he 
said that then the case presented to the convention was a 
naked proposition for a free banking system. He had heard 
much said in relation to the change of feeling among the peo- 
ple and members of the convention on this subject, and he 
desired to see who would crawfish, and would content himself 
with a call of the ayes and noes. 

W. Chase was prepared to vote on the article, at this or 
any other time. If there was to be crawfishing, he preferred 
to have it directly on the article itself. On that the votes of 
the convention had been recorded. [Roll call No. 128 follows. ] 

Mr. Hicks then rose and said that he should now move to 
reconsider the vote by which the article on banks and bank- 
ing was passed. He had been induced to delay making the 


1846] THE CONSTITUTION OF 1846 509 


motion at the instance of several members of the convention, 
and particularly of members from Milwaukee and Waukesha 
counties, nearly all of whom had been home among their con- 
stituents, and coming back here without saying a word to him 
in relation to the subject one of them introduced a resolution 
to defeat the article, and another, from Walworth (Mr. Baker) 
gives notice of a motion to reconsider this vote. He said that 
no other man was to be permitted to steal his thunder—if it 
was worth anything to another, it was worth the same to him- 
self, and he should claim it all. 

Moses M. Strong obtainéd the floor, called for the previous 
question, and had a call of the house. 

During the call Mr. Elmore procured the leave of the con- 
vention and presented a petition of 7 7 inhabitants of Wauke- 
sha County, asking a clause in the constitution to prohibit 
banks from being established and bank paper from circulat- 
ing. 

The main question was ordered—ayes 64, noes 42. Argus, 
Nov. 24, 1846. 


Mr. Hicks amended his resolution presented yesterday by 
striking out the instructing. 

Warren Chase moved the indefinite postponement—he 
would vote for reconsidering the real bank article—he wanted 
the crawfishing done on that, if at all, fairly and openly. 

Mr. Judd would vote for reconsidering the bank article, but 
should vote for this postponement. 

The question was taken and the resolution postponed by 
ayes 76, noes 17. 

Mr. Hicks then moved the reconsideration of the bank ar- 
ticle as he had given previous notice. After giving that notice 
he had been requested to delay and particularly by gentlemen 
from Waukesha. He had delayed—those gentlemen had been 
home, and had returned. They hadn’t said a word to him, but 
seemed trying to steal his thunder. The gentleman from Wal- 
worth (Mr. Baker) had also made an effort that way. Now it 
was thunder, not capital, he thought of making out of this, 
and he didn’t like gentlemen to rob him. 


510 = WISCONSIN HISTORICAL COLLECT IONS _ [Nov. 20 


Moses M. Strong saw the disposition to try this over again. 
For his part he was ready and moved the previous question 
and call of the house. Ordered. 

Mr. Elmore by leave, pending the call of the house, offered 
a petition against banks and bank paper. 

Mr. Randall wished to amend the petition so as to make it 
come from citizens of Mukwonago. 

Mr. Burchard knew that there were not one hundred men 
in Waukesha County that would sign such a petition. 

The sergeant at arms reported all present, and the main 
question was ordered to be now put and was decided in the 
affirmative—ayes 64, noes 42. 

The motion to reconsider the vote on the bank article was 
then lost by the following vote. [Roll call No. 130.]—Express 
Nov. 24, 1846. 


Mr. Agry asked that leave of absence be granted him for one day. 
Leave was granted. 

Mr. Burchard moved that the convention take a recess until two 
o’clock P.M. And the question having been put, it was decided in the 
affirmative. And the ayes and noes having been called for and or- 
dered, those who voted in the affirmative were [affirmative 49, nega- 
tive 44; for the vote see Appendix I, roll call 131]. 


The President having announced that there was a tie [roll 
call No. 130], Mr. Ryan asked—Does not that tie up the bank 
article? 

Mr. Tweedy—Yes, and it ties the constitution by the people. 

The President—I am of the opinion that it is a clincher. 

Mr. Baker rose and said that judging from the feeling man- 
ifested among some members of the convention he did not be- 
lieve they were in a condition to enter upon the discussion of 
the article on the judiciary at that time. He therefore moved 
to adjourn to two o’clock P. M. 

Mr. Magone moved to adjourn sine die. Lost. 

The convention adjourned till two o’clock.—Argus, Nov. 24, 
1846. 


Mr. Burchard moved to adjourn till two o’clock. 

Mr. Magone thought they might as well adjourn sine die. 

Motion to adjourn was carried—ayes 49, noes 44.—Fixpress, 
Nov. 24, 1846. 


1846] THE CONSTITUTION OF 1846 d11 


TWO O'CLOCK, P. M. 


Moses M. Strong moved that leave of absence be granted himself. 
Leave was granted. 


AFTERNOON SESSION 


Mr. Magone moved to adjourn to the eighteenth day of De- 
eember, 1919. In support of his motion he said that the main 
object he had in offerimg this motion was that he had no idea 
that this convention could possibly frame a constitution which 
would be adopted by the people of Wisconsin; therefore, he 
thought it better for the convention to dissolve and go home 
than to stay here spending the money of the people. The con- 
vention of Milwaukee, which put him and other members from 
that county in nomination, had passed some resolutions on 
this subject, which he would read: 

“Resolved, That we hold the general principles to be cardi- 
nal and indispensably requisite in a democratic constitution, 
to wit: Freedom of speech, freedom of suffrage, freedom from 
all distinction on account of religion or birth, equal taxation, 
equal distribution of educational funds, and humane provisions 
for unfortunate debtors; also an absolute prohibition upon the 
legislative power against creating debts, chartering banks, or 
granting money or lands to aid or favor any religious sect, in- 
stitution, or church. 

‘< Resolved, That as a general principle all officers ought to 
be made elective by the people; but we confidently leave it to 
the wisdom and discretion of the convention to adopt such 
measures as may be necessary in their judgment to secure an 
honest, able, impartial, and permanent judiciary.”’ 

Mr. Magone said that he had endorsed the whole of the doe- 
trines of the resolutions he had read. He was opposed to the 
chartering of banks and would place a prohibition in the consti- 
tution; but he was not in favor of prohibiting the circulation 
of the notes of the banks of other states. The article, as it 
now stands, will not meet the approbation of the people and 
would, as he believed, defeat the adoption of the constitution ; 
but that objection does not lie against that portion which pro- 


512 WISCONSIN HISTORICAL COLLECTIONS  [nov. 20 


hibits the incorporation of banks but it was to this principle of 
legislation. There is not a majority of this convention, even, 
in favor of this article; the vote just taken shows that there has 
been a tie. Ona late visit to Milwaukee he did not find a man 
who was not opposed to the article, and the only way he could 
conciliate the objectors was by assuring them that the article 
would be amended so as to meet the views of the people. There 
was one man in Milwaukee, who had influence in that county, 
who said he should use that influence against the constitution 
unless this objection could be removed. Every man who had 
visited his constituents conceded that the people were opposed 
to the prohibition, except the gentleman from Racine (Mr. 
Ryan). He was a man whom few men would willingly dispute 
with. Of him he would say that at the time the bank article 
was presented he had doubts whether the gentleman was sin- 
eere; but he now believed he was then and now is a monomaniac 
on that subject. 

Mr. Ryan asked Mr. Magone if he was sure that the day was 
Sunday. Mr. Magone said it was not according to his caleula- 
tion, but as he had now accomplished all he desired he would 
withdraw the motion.—Democrat, Nov. 28, 1846. 


AFTERNOON SESSION 


Mr. Magone moved to adjourn to the nineteenth day of 
December, 1919. In support of this motion he said that the 
main object he had in offering this motion was that he had no 
idea that this convention could possibly frame a constitution 
which would be adopted by the people of Wisconsin; therefore 
he thought it better for the convention to dissolve and go home 
than to stay here spending the money of the people. The con- 
vention of Milwaukee which put him and other members from 
that county in nomination had passed some resolutions on 
this subject, which he would read. Mr. Magone then read two 
of the resolutions alluded to and said that he endorsed the 
whole of the doctrines of the resolutions he had read. He 
finally withdrew his motion.—Argus, Nov. 24, 1846. 


The convention then resolved itself into committee of the whole for 
the further consideration of No. 13, “‘ Article on the organization and 


1846] THE CONSTITUTION OF 1846 513 


functions of the judiciary,’’ Mr. Hackett in the chair. And after 
_ some time spent therein the committee rose and by their chairman re- 
_ ported progress thereon and asked leave to sit again. Leave was 
granted. 


The article on the judiciary was then taken up in committee 
of the whole, when Messrs. Baker, G. B. Smith, W. R. Smith, 
and Judd spoke in favor of the organization of a separate su- 
preme court, and were replied to by Mr. Ryan, after which the 
convention adjourned.—Argus, Nov. 24, 1846. 


On THE JUDICIARY 


Mr. J. A. Barber again offered his amendment, which had 
fallen with the rise of the committee yesterday. 

Mr. Baker was sorry for the scene of this morning. He 
thought it argued badly for the result of this question, but still 
he hoped gentlemen would examine this subject fairly and 
coolly. He said that in the committee he had considered on 
this matter, but he considered some other things of more im- 
portance than the nisi prius system, and that this system would 
interfere with these. This consideration decided him. One of 
these considerations which he considered paramount was that 
the state should be divided into districts, with a judge for each, 
that the circuit court should be held in each district twice a 
year, and the supreme court once in each district. One bench 
could not attend to all these duties, he thought. It would be 
too much manual labor. Besides, our population will shortly 
double. He thought that, though the supreme judges might not 
be kept employed all the time at the beginning, still for the first 
two years there would be laws to revise, which the supreme 
judges would undoubtedly be the men to do. He thought that 
reading, research, and study made the lawyer, and that he who 
sat on the supreme bench for a length of time would be the bet- 
ter lawyer than he who sat at bar. 

Geo. B. Smith didn’t propose to make any remarks, but he 
had his opinions and his reasons. He believed in the necessity 
of the practice to be gained in circuit courts; and he also be- 
lieved in the necessity of a separate supreme bench; for this 


33 


514 WISCONSIN HISTORICAL COLLECTIONS  [nov. 20 _ 


reason he had submitted the article to be found in the minority — 


report of ‘‘Mr. O’Connor and myself !’’ | 

W. R. Smith thought by the system of this amendment, in 
place of progressing and keeping up with the wants of the peo- 
ple at this time, we were falling back on the old system given 
us by the United States. He thought that changing this article 
would spoil the idea of the whole bill. 

After some further discussion the committee rose, and. the 
convention adjourned.—_Ezpress, Nov. 24, 1846. 

Mr. Rogan asked that leave of absence be granted himself until 
Monday next. Leave was granted. 

Mr. Ryan moved that the convention take a recess until seven o’clock 
P. M., which was disagreed to. 


Mr. Magone moved that the convention adjourn until nine o’clock 
tomorrow morning, which was agreed to. So the convention adjourned. 


| 


1846] THE CONSTITUTION OF 1846 515 


SaturpAy, NoveMBER 21, 1846 


Prayer by the Rev. Mr. McHugh. 

The journal of yesterday was read. 

Mr. Magone introduced the following resolution, to wit: ‘‘Resolved, 
That no member shall be permitted to speak or occupy the floor more 
than fifteen minutes whilst the convention is in committee of the whole, 
nor more than once to the same question until every other member 
desiring to speak shall have been heard.’’ 

Mr. Tweedy moved that the rules be suspended for the consideration 
of the said resolution, which was agreed to. 

Warren Chase moved to amend the said resolution by striking out 
all after the word ‘‘resolved,’’ and inserting as follows: ‘‘ That no mem- 
ber of the convention or of the committee of the whole be permitted 
to speak more than fifteen minutes on any one motion, or more than 
once on the same question in the same stage of proceedings, without 
unanimous consent or a suspension of the rules. But each member 
may speak long enough to make fifteen minutes in the aggregate,”’ 
which was agreed to. And a division having been called for, there 
were 43 in the affirmative, negative not counted. 

Mr. Hicks moved that the resolution as amended be laid upon the 
table, which was disagreed to. And a division having been called for, 
there were 37 in the affirmative and 45 in the negative. 

Mr. Kellogg moved that the further consideration of the resolution 
be indefinitely postponed. And the question having been put, it was 
decided in the affirmative. And the ayes and noes having been called 
for and ordered, those who voted in the affirmative were |affirmative 
50, negative 45; for the vote see Appendix I, roll call 132]. 


Mr. Magone offered a resolution that no member should 
speak or occupy the floor more than fifteen minutes in commit- 
tee of the whole, and no member should speak more than once 
on the same question till every other member desiring to speak 
has been heard. 

Mr. Tweedy moved to suspend the rules in order to consider 
the question now. 

The rules were suspended. 

Mr. W. Chase wished to reach the convention proper as well 
as the committee of the whole—therefore he moved to strike 
out all after ‘‘resolved’’ and insert in place as follows: that 
‘‘no member of the convention or of the committee of the whole 


516 WISCONSIN HISTORICAL COLLECTIONS Nov. 21 


be permitted to speak more than fifteen minutes on any one 
motion, or more than once on the same question in the same 
stage of proceeding without unanimous consent or a suspen- 
sion of the rules.” : 

Mr. Magone thought this would hardly allow members proper 
time to explain their votes in convention. He was opposed. 

Mr. Judd wished to say that in the beginning he was in favor 
of some restriction, but he considered this gagging without 
parallel. . 

W. Chase thought the body of the convention had been 
gagged long enough. He was now for gagging some of the 
talking members. 

H. Barber thought it altogether too stringent not to allow 
a member to speak twice when explanation might be needed. 

Mr. Moore would support the resolution. He said we have 
plenty of men who are in favor of the theory of economy, but 
when we come to the practice we find them opposed. 

Mr. Kellogg wished to define his position. He had once 
thought there was no need of such a rule. He now thought 
there was. 

Mr. Bevans hoped he wouldn’t be considered as speaking for 
his own benefit, but he did wish to allow gentlemen who could 
discuss a question with profit more than fifteen minutes the 
privilege. He supposed this was meant to hinder the speeches 
for buncombe. He considered the remedy worse than the evil. 

Mr. Elmore saw that this would be doing great injustice to 
the gentleman from Mukwonago (self), who couldn’t make 
long speeches, but wanted to make a good many of them. He 
moved to amend by adding ‘‘that each member may speak long 
enough to make fifteen minutes in the aggregate,’? which was 
adopted. 

Mr. Lovell said a word against the resolution in any shape. — 

Mr. Kellogg moved its indefinite postponement, which was 
carried, ayes 50, noes 45.—E press, Nov. 24, 1846. 


: 


Mr. Crawford introduced the following resolution, which was read, 
to wit: ‘‘Resolved, That the legislature shall provide by law for exemp- 
tion from taxation and execution five hundred dollars worth of house- 
hold furniture, mechanics’ tools, farming utensils, professors’ books, 
or other property belonging to each family in this state.’’ 


THE CONSTITUTION OF 1846 a17 


Manahan introduced the following resolution, which was read, 
to - ‘Resolved, That the legislature shall have power to prohibit 
law, from forced sale, a certain portion of the property of all heads 
families [the homestead of a family] not to exceed 200 acres of land 
not included in a town or city) ; or any town or city lot, or lots, in 
value not to exceed $2,000 shall not be subject to a forced sale for any 
s hereafter contracted ; nor shall the owner, if a married man, be at 
iberty to alienate the same unless by the consent of the wife, in such 
“manner as the legislature may hereafter point out.”’ 
«Bill of rights,’’ was then taken up. And the question be- 
ing on concurring [in the amendments of the select committee there- 
to, and a division of the question having been ealled for, and the ques- 
‘tion having been put on concurring] in the first amendment, which 
was to strike out the word ‘‘from’’ in the second line of the first sec- 
tion and insert the word ‘‘with’’ in lieu thereof, it was decided in the 
affirmative. 

The second amendment, which was to strike out of the sixth section 
the words ‘‘in all criminal cases and,’’ and also to strike out the word 
“eommon’’ before the word “‘law,’’ was then concurred in. 

The question being on eoneurring in the third amendment, which 

__-was to add the twentieth section, Mr. Elmore moved to amend the same 

i by striking out the words “‘oyer and terminer’’ and inserting the words 
to hear and determine,”’ ‘chich was disagreed to. And a division 

having been called for, there were 19 in the affirmative, negative not 
eounted. 

Mr. Baird moved to amend the amendment by adding the following 
proviso: ‘‘Provided, however, That the legislature may provide by 
law for the holding of special sessions of the cireuit courts for the trial 
of criminal cases,’’ which was agreed to. 

The question was then put on concurring in the amendment as 
amended and was decided in the negative. And a division having 
been called for, there were 21 in the affirmative and 33 in the negative. 

The fourth amendment of the select committee, which was to add 
the twenty-first section, was then concurred in. 

The question then being on concurring in the fifth amendment of 
the select committee, which was to add the twenty-second section, Mr. 
Elmore moved to amend by striking out the word ‘‘allodial’’? and m- 
serting the words ‘‘owned by the owners thereof on their own hook, 
with the right of disposal.”’ 

Mr. Elmore, by leave, modified his amendment by striking out the 
words ‘‘on their own hook’’ and insert [ing] “‘in their own right.” 

The question was then put on the amendment as modified and was 
decided in the negative. And the ayes and noes having been called 
for and ordered, those who voted in the affirmative were [affirmative 
35, negative 56; for the vote see Appendix I, roll eall 133}. 

Mr. Elmore moved to amend the amendment by striking out the word 
‘<escheat,’? which was disagreed to. 

The question was then put on concurring in the amendment and 
-was decided in the negative. And the ayes and noes having been called 


518 WISCONSIN HISTORICAL COLLECTIONS _ [nov. 21 


for and ordered, those who voted in the affirmative were [affirmative . 
43, negative 45; for the vote see Appendix I, roll call 184]. 

The amendments having all been disposed of, Mr. Mills moved to 
amend by adding a new section, as follows: 

““Section —. All persons who observe the seventh day of the week 
and keep that day as a Sabbath shall be protected in the same manner 
in keeping that day as those who observe the first day of the week.”’ 

And the question having been put, it was decided in the negative. 
And the ayes and noes having been called for and ordered, those who 
voted in the affirmative were [affirmative 32, negative 52; for the vote 
see Appendix I, roll call 135]. 

Mr. Magone moved to amend by adding a new section, as follows: 

““Section —. That all persons within the limits of this state shall 
have the right to receive such money, notes, or evidences of debt as 
they may think proper,’’ when Mr. Manahan moved that the conven- 
tion adjourn. And the question having been put, it was decided in 
the negative. And the ayes and noes having been called for and 
ordered, those who voted in the affirmative were [affirmative 33, 
negative 51; for the vote see Appendix I, roll call 136]. 

On motion of Mr, Mills the convention took a recess until two o’clock, 
P.M 


The bill of rights as reported by the select committee then 
came up, which induced considerable debate on striking out 
foreign terms in unknown tongues and inserting English, dur- 
ing which many definitions of the terms ‘‘allodial’’? and ‘‘es- 
cheat’’ were offered which were thus summed up by General 
Crawford: 

Mr. President: I did not intend to say a word on this sub- 
ject, but after the explanation of my venerable friend from 
Towa (General Smith) that the word ‘‘allodial’? meant ‘‘my 
own,’’ and that if a man possessing an estate died without 
heirs, his estate did ‘‘escheat’’ to the state—after that explana- 
tion—I came to the conclusion that my land is my own unless 
I get cheated out of it, and if I died without heirs it will go to 
the attorney-general—Ezpress, Nov. 24, 1846. 


TWO O’CLOCK, P. M. 


No. 14, ‘‘Bill of rights,’’ was taken up, when Mr. Magone moved to 
amend the same by adding as follows: ‘‘Section —. That all persons 
within the limits of this state shall have the right to receive and circu- 
late such money, notes, or evidences of debt issued without this state, 
as they may think proper, except such as are counterfeit or fraudulent, 
unless prohibited by legislative enactment. ’’ 


1846] THE CONSTITUTION OF 1846 519 


Marshall M. Strong raised a question of order, as follows: “*Can 
the convention entertain the proposed amendment, there having been 
an article adopted at a previous day of the session directly of an op- 
posite nature, and which this amendment would virtually repeal?’’ 

The President (Mr. Judd in the chair) decided the amendment in 
order, from which decision Marshall M. Strong took an appeal. And 
pending the question on said appeal, Mr. Parks moved a call of the 
convention, which was seconded, and Messrs. Agry, John M. Babcock, 
Baker, Bennett, Berry, Hiram Brown, Warren Chase, Coombs, Coxe, 
Dunning, Goodell, Goodsell, Gray, Geo. B. Hall, Hazen, Geo. Hyer, 
Kern, Parsons, Rogan, John Y. Smith, and Steele, reported absent. 

Nathaniel F. Hyer moved that Geo. Hyer be excused from his attend- 
ance, which was agreed to. 

Mr. Hunkins moved that Mr. Dunning be excused from his attend- 
ance, which was agreed to. 

Mr. Elmore moved that all further proceedings under the eall be 
dispensed with, which was disagreed to. 

Mr. Noggle moved that Geo. B. Hall be excused from his attend- 
ance which was agreed to. 

Mr. Ryan moved that Mr. Randall be excused from his attendance, 
which was disagreed to. And a division having been called for there 
were 33 in the affirmative and 42 in the negative. 

George B. Smith moved that John M. Babcock be excused from at- 
tendance, which was agreed to. 

A. Hyatt Smith moved that Mr. Steele be excused from his attend- 
ance, which was disagreed to. Anda division having been called for, 
there were 27 in the affirmative, negative not counted. 

The sergeant at arms was sent for the absentees. The sergeant at 
arms having reported that all the absentees were in attendance, the 
question recurred on the appeal from the decision of the President. 
And the question having been put, ‘‘Shall the decision of the Presi- 
dent stand as the judgment of this convention?’’ it was decided in the 
negative. And the ayes and noes having been called for and ordered, 
those who voted in the affirmative were [affirmative 36, negative 67; 
for the vote see Appendix I, roll call 137]. 


TWO O’CLOCK, P. M. 


Mr. Magone renewed his motion to amend, as in the forenoon. 

Marshall M. Strong rose to a question of order and stated 
it to be that the amendment now proposed was diametrically 
opposite to the sixth section of the bank article which had been 
adopted by the convention and cannot again be brought up. If 
it could, there would be no end to the session. In support of 
this question of order he read the forty-fifth section of Jeffer- 
son’s manual. 


520 WISCONSIN HISTORICAL COLLECTIONS  [nov. 21 _ 


Mr. Judd, who was in the chair, decided that the question 
now presented was not the same as that contained in the sixth 
section of the bank article and it was in order to propose it. 

Marshall M. Strong appealed from the decision of the Chair, 
and asked for and had a call of the convention. 

Mr. Baird could not sustain the decision of the Chair. That 
decision would allow every question which had been once de- 
cided by the convention to be called up as often as any man 
should feel disposed to revive it, and by that means no ques- 
tion could ever be said to be settled. Some time since a vote 
was taken to pass the bank article, against which he had voted, 
but a large majority had passed it; then on yesterday a motion 
was made to reconsider that vote and it was lost, and those 
who voted in the minority ought to be content and let the whole 
matter go to the people, and all parties ought now to go to 
work to perfect the constitution. 

Mr. Baker did not look on this amendment as the same that 
had been decided by the bank article. The bank article pro- 
hibits the circulation of foreign bank bills of a certain char- 
acter, but this allows a man the right to pay out and receive 
any bill, note, or evidence of indebtedness in exchange for his 
commodities. Though the rule may be as laid down by the 
gentleman from Racine (Mr. Strong) in parliamentary prac- 
tice there have been instances where the rule has been departed 
from on account of the magnitude of the subject. This ques- 
tion was one of those important questions which should be al- 
lowed to override the rigidity of the rules. In support of this 
position Mr. Baker read from the manual by Cushing that 
when an amendment has been once adopted and another of- 
fered the Chair is not to decide that the second is the same or 
inconsistent with the first, but that point is to be left to the 
house. 

Marshall M. Strong said if it was the determination of the 
party which by accident had a majority in the convention to- 
day to override all rules, he hoped they would say so in plain 
terms, and then others could determine what course had better 
be pursued. 


THE CONSTITUTION OF 1846 521 


__ H. Barber could not vote to sustain the decision of the Chair. 
_ Reading from and referring to the doctrine as laid down by 
_ Mr. Cashing on this subject, he entertained no doubt but that 
_ the section in the article on banking and the one now offered 
were directly opposite, and there was now no way of reaching 
_ that article but by a reconsideration of the article, a motion to 
_ do which had failed. 

_ Mr. Upham should vote to sustain the decision of the Chair; 
and, although he had not had much time to look at and reflect 
_ on the decision, yet he believed the question now presented was 
materially different. This comes up as an amendment to the 
bill of rights, and it is objected to as being repugnant to a sec- 
_ tion which has been incorporated into and made a part of the 
_ article on banks and banking. The convention differs from 
fegislative bodies in that it can have but one session; but even 
in them these questions have often been got round where there 
_ has been a change of opinion or the legislature was convinced 
that great injustice was likely to be done. 

W. R. Smith had no doubt but this was the same question as 
Was contained in the sixth section of the bank article, and on 
which the convention had acted finally. The convention have 
declared by the article that paper of a certain character shall 
not circulate; this amendment says it may. The one is re- 
_ pugnant to the other, both of which cannot stand in the same 
constitution, as they destroy each other. He had opposed the 
adoption of the sixth section, but being overruled and the sec- 
tion incorporated into the article, he had voted to adopt the 
Same; and for a similar reason he had voted against a recon- 
sideration of the same. 

Mr. Ryan was not going to quote either Jefferson or Cush- 
ing, but he thought the passages read by the President and the 
gentleman from Walworth (Mr. Baker) about as pertinent to 
the issue as a passage from the ‘‘Tale of a Tub.”? He had yes- 
terday been told that the vote taken was a “‘clincher’’ and if 
so he desired to know how it could be unclinched. 

Mr. Phelps should not quote Jefferson or Cushing, but Hoyle 
taught that if a man is beaten he must give up, and down with 
the dough. 


522 WISCONSIN HISTORICAL COLLECTIONS _ [noyv. 21 


Mr. Hunkins could not see any propriety in rules which 
would tie up the convention so that a majority could not repeal 
what a majority had once passed upon. 

The decision of the Chair was not sustained, and the amend- 
ment was decided to be out of order [roll call No. 137].—Argus, 
Nov. 24, 1846. 


Mr. Whiteside moved that the convention do now adjourn, which 
was disagreed to. 

The question then recurred on ordering No. 14, ‘‘Bill of rights,’’ to 
be engrossed for its third reading, when Mr. Graham moved to amend 
the same by adding as follows: ‘‘Section —. No money shall be 
drawn from the treasury for the benefit of religious societies or theo- 
logical or religious seminaries,’’ which was agreed to. 

Mr. Burchard moved to amend by inserting in the first line of the 
first section thereof, after the words ‘‘all men,’’ the words ‘‘negroes 
and mulattoes excepted.’’ 


Mr. Burchard offered to amend by inserting after the word 
men ‘‘negroes and mulattoes excepted.’’ 

He wished the constitution to appear consistent on its face. 
This bill declared that all men were free and equal; the suffrage 
bill denied that position, and if in that bill negroes and mu- 
lattoes were to be proscribed, he declared the assertion to be 
a libel. It was for this reason he offered the amendment.— 
Express, Nov. 24, 1846. 


Mr. Ryan moved to amend the amendment by inserting before the 
word “‘negroes’’ the word ‘‘women,’’ which was disagreed to. 

The question then recurred on adopting the amendment offered by 
Mr. Burchard and was decided in the negative. 

Mr. Tweedy moved to amend by striking out the thirteenth section 
and inserting as follows: 

““Section —. No bill of attainder or ex post facto law shall ever be 
passed in this state nor any law impairing the validity of contracts 
or depriving a party of any remedy for enforcing a contract which 
existed when the contract was made; nor shall any conviction work 
corruption of blood or forfeiture of estate.’’ 

And the question having been put, it was decided in the negative. 
And the ayes and noes having been called for and ordered, those who 
voted in the affirmative were [affirmative 38, negative 64; for the vote 
see Appendix I, roll call 138]. 


The following was introduced by Mr. Tweedy to be inserted 
in place of section 13 in the bill of rights, the same having been 


a es — 
— « a x 


1846] THE CONSTITUTION OF 1846 523 


ably supported in committee of the whole by himself and Mr. 
Ryan. We have italicized the important clause: 

No bill of attainder or ex post facto law shall ever be passed 
in this state, nor any law impairing the validity of contracts or 
depriving a party of any remedy for enforcing a contract when 
the contract was made; nor shall any conviction work corrup- 
tion of blood or forfeiture of estate. 

It was lost.—E xpress, Nov. 24, 1846. 


Mr. Randall moved to amend by adding as follows: ‘‘Section —. 
No fine or punishment shall be imposed or inflicted for any act in the 
commission of which no moral turpitude is involved.’’ 

Warren Chase moved the previous question, which was ordered. 
And the question having been put, ‘“Shall the main question be now 
put?’’ it was decided in the affirmative. 

And the question having been put on adopting the amendment of 
Mr. Randall, it was decided in the negative. And the ayes and noes 
having been called for and ordered, those who voted in the affirmative 
oa [affirmative 8, negative 86; for the vote see Appendix I, roll eall 
139]. 

_ The said article was then ordered to be engrossed for its third read- 
ing. 

Mr. Noggle asked that leave of absence be granted to Mr. Pierce. 

Leave was granted. 

On motion of Mr. O’Connor the convention adjourned. 


524 WISCONSIN HISTORICAL COLLECTIONS _ [nov. 23 


Monpay, NoveEMBER 23, 1846 


Prayer by the Rev. Mr. Miner. 

The journal of yesterday [Saturday] was read. 

Petitions were presented and referred as follows: By Mr. Janssen, 
a petition of citizens of Washington County, asking that the homestead 
of citizens be exempted from sale on execution. By Mr. Toland, a 
petition of citizens of Washingtcn County upon the same subject. By 
Mr. Noggle, a petition of citizens of Rock County upon the same sub- 
ject. Which were severally referred to the committee on miscellaneous 
provisions. 

Mr. Hunkins, from the committee on engrossment, reported No. 14, 
‘Bill of rights,’’ and articles Nos. 5, 6, and 7, and sundry resolutions 
as correctly engrossed. 

Resolutions were introduced and read as follows, to wit: 

By Mr. Judd. ‘‘Resolved, That the committee on revision and ar- 
rangement be discharged from the further consideration of the article 
on banks and banking, and that said article be referred to a committee 
of the whole; and that the convention will on Monday next resolve 
itself into committee of the whole on said article at ten o’clock in 
the forenoon to the exclusion of all other business.”’’ 

By Mr. Baker. ‘‘Resolved, That the committee on miscellaneous 
provisions be instructed to inquire into the expediency of adopting a 
constitutional provision rendering any person incapable of holding any 
office of honor, profit, or trust within this state, who shall hereafter 
fight a duel with deadly weapons, or who shall be a second to either 
party to any such duel.”’ 

““Resolved, That the committee on the organization and functions 
of the judiciary be instructed to inquire into the expediency of de- 
claring in the constitution whether the common law, or what parts 
thereof shall be adopted as the law of the state of Wisconsin.’’ 

By Mr. Gray. ‘‘Resolved, That the secretary of the convention be, 
and he is hereby directed to advertise for the next three weeks in one 
or more of the newspapers printed in Madison that sealed proposals 
will be received by him for the printing, folding, and stitching of 
number of copies of the journal of the convention; and the secretary 
shall contract with the lowest bidder, provided that the amount of 
said printing shall not exceed the lowest price paid by the Council at 
its last session; and if there shall not be any within three weeks as low 
as the price paid by the Council, the secretary shall continue to adver- 
he for six weeks, when he shall close the contract with the lowest 

idder.’’ 

Mr. Hesk asked that leave of absence be granted to Mr. Ellis. Leave 
was granted. Mr. Boyd asked that leave of absence be granted to Mr. 
Seaver. Leave was granted. 


a 


1846] THE CONSTITUTION OF 1846 529 


The resolution introduced by Mr. Ryan on the twentieth instant, rela- 
tive to the ‘‘act of Congress granting a quantity of land to aid in the 
improvement of the Fox and Wisconsin rivers,’’ was taken up, when 
Mr. Beall moved that the consideration thereof be postponed indefi- 
nitely. And the question having been put, it was decided in the affirm- 
ative. And the ayes and noes having been called for and ordered, 
those who voted in the affirmative were [affirmative 58, negative 40; 
for the vote see Appendix J, roll call 140]. 

The resolution introduced by Mr. Crawford on Saturday last, rela- 
tive to the exemption from taxation and execution of certain property, 
was taken up. Mr. Magone moved to amend the same by striking out 
the words ‘‘taxation and.’’ And pending the question thereon, War- 
ren Chase moved that the said resolution be laid upon the table, which 
was agreed to. 

The resolution introduced on Saturday by Mr. Manahan, relative 
to exemption of certain property from attachment or execution, was 
taken up, when Mr. Manahan, by leave, introduced the following as a 
modification of the original resolution: 

““Resolved, That the legislature shall provide by law that all prop- 
erty, real and personal, whose appraised cash value shall not in the 
aggregate exceed the sum of $1,000, shall be forever free from forced 
sale by attachment or execution (except by virtue of mortgage) and 
in all cases where the aggregate cash value shall exceed the sum of 
$1,000 the debtor or owner of said property shall in all cases have his 
election as to what property he will have exempted or sold. All ap- 
praisements of property shall be made by disinterested persons, under 
oath.’’ 

Mr. Baker moved that the same be laid upon the table, which was 
agreed to. 

Articles Nos. 5, 6, and 7, and sundry resolutions were then taken up 
and read the third time, when Mr. Judd moved that the further con- 
sideration of said articles be postponed until tomorrow. And the ques- 
tion having been put, it was decided in the negative. And the ayes 
and noes having been called for and ordered, those who voted in the 
affirmative were [affirmative 37, negative 60; for the vote see Appendix 
I, roll call 141]. 

Mr. Judd moved that the said article be referred to a select commit- 
tee with instructions to strike out the word ‘‘five’’ in the ninth section 
and insert the word ‘‘ten’’ and to add the following at the commence- 
ment of section 9: ‘‘Section —. This state may, to meet accidental 
deficits and failures in revenue, contract debts; but such debts singly 
or in the aggregate shall not at any time exceed $50,000 and.”’ 

The President decided the motion to be out of order. 

Mr. Baker moved that the further consideration of the article be 
postponed for three days, when Mr. Tweedy moved the previous ques- 
tion, which was seconded. And the question having been put, ‘‘Shall 
the main question be now put?’’ it was decided in the affirmative. And 
the question having been put on the passage of the said article, it was 
decided in the affirmative. 


526 WISCONSIN HISTORICAL COLLECTIONS [Nov. 23 


And the ayes and noes being required by the rules, those who voted 
in the affirmative were [affirmative 71, negative 24; for the vote see 
Appendix I, roll call 142]. 

So the article passed, and the title thereof was approved of. 

No. 14, ‘‘Bill of rights,’’ was taken up and read a third time, when 
Mr. Judd moved that the further consideration thereof be postponed 
until tomorrow, which was disagreed to. 

And the question having been put on the passage of the said article, 
it was decided in the affirmative. And the ayes and noes having been 
called for under the rules, those who voted in the affirmative were 
[affirmative 85, negative 9; for the vote see Appendix I, roll call 143]. 

So the article passed, and the title thereof was agreed to. 

The convention then resolved itself into committee of the whole for 
the further consideration of No. 13, ‘‘Article on the organization and 
functions of the judiciary,’’ Mr. Hackett in the chair. And after some 
time spent therein the committee rose and by their chairman reported 
progress thereon and asked leave to sit again. Leave was granted. 

On motion of Nathaniel F. Hyer the convention took a recess until 
two o’clock, P. M. 


TWO O’CLOCK, P. M. 


The convention again resolved itself into committee of the whole 
for the further consideration of article No. 13, Mr. Hackett in the 
chair. And after some time spent therein the committee rose and by 
their chairman reported progress thereon and asked leave to sit again. 
Leave was granted. 

On motion of Mr. Baird the convention took a recess until seven 
o’clock, P. M. . 


SEVEN O’CLOCK, P. M. 


The convention again resolved itself into committee of the whole for 
the further consideration of No. 13, ‘‘ Article on the organization and 
functions of the judiciary,’? Mr. Hackett in the chair. And after some 
time spent therein, the committee rose and by their chairman reported 
progress thereon and asked leave to sit again. Leave was granted. 

On motion of Mr. Kellogg the convention adjourned. 


The convention then went into committee of the whole for 
the further consideration of the article on the judiciary, Mr. 
Hackett in the chair, the question being on the amendment of 
Mr. J. A. Barber, making circuit judges also judges of the 
Supreme court. 

N. F. Hyer moved to amend the amendment so as to make 
the circuit judges also supreme judges for the term of five 
years and till the legislature shall otherwise direct. He be- 


1846] THE CONSTITUTION OF 1846 O27 


lieved that a separate supreme bench was best adapted to the 
wants of this state; still the circuit judges might be enough 
for the duty at present. He then read similar provisions from 
the constitutions of Florida and Alabama. The amendment 
was adopted. The amendment of Mr. Barber, as amended, 
was then adopted. 

After verbal amendments in sections 7 and 8, Mr. Gray 
moved to strike out the last clause of section 9, to wit: ‘‘No 
election for judges or for any single judge shall be held within 
thirty days of any other general election.’’ 

Mr. Lovell supported the amendment. He wished the elec- 
tion for judges should be held on the same day with the town 
elections, when the agricultural people would be in. 

Mr. Baker thought the original bill could be easily amended 
so as to meet the wishes of the gentleman from Racine (Mr. 
Lovell) to which he had no particular objection. 

Mr. Ryan thought this provision looked much like doubting 
the system which the bill proposed. If gentlemen will adopt 
the elective system, he hoped they would take it without at the 
same time casting a slur upon it. Besides if by leaving the 
thing open it didn’t work well, he thought the legislature could 
easily provide. 

Mr. Tweedy was surprised to hear the remarks of the gentle- 
man from Racine (Mr. Ryan). ‘‘A slur upon the people!’’ 
said he. Then is the bank article ‘‘a slur upon the people!’’ 
Then is every article we have passed ‘‘a slur upon the peo- 
ple!’’ He could see no force in that argument; he was sur- 
prised to hear it advanced. Said he, the people have all de- 
cided that the judge is not to be elected on political grounds; 
but, said he, every man knows that in general elections one 
man carries another—there is always combination. Men are 
nominated with reference to each other—it is the whole sys- 
tem. He had not, however, any great objection to having 
the election at the same time with the election of town officers. 

The motion to strike out was lost. 

Mr. Boyd then offered an amendment to make the clause 
read as follows: ‘‘No election for judges shall be held with- 


528 WISCONSIN HISTORICAL COLLECTIONS _ [nov. 23 


in thirty days of any general election for state or county offi- 
cers’’; which was adopted. ; 

Mr. Magone moved to strike out ‘‘one’’ and insert “‘two’’ 
in the tenth section, so that if any judge shall resign his office 
he shall not be eligible nor appointed to any office within two 
years after such resignation. The motion prevailed. 

Marshall M. Strong moved to amend the thirteenth section 
by adding the following: ‘‘The clerk of the circuit court shall 
perform all the duties of the officers of register of deeds and 
clerk of the board of supervisors. On the first Monday of 
January and July in each year he shall make a statement, 
under oath, of all the fees of his office during the half year 
preceding, and deposit the same in the office of the county 
treasurer. When the fees mentioned in such statement shall 
exceed the sum of seven hundred and fifty dollars he shall 
pay seventy-five per cent of such excess into the county treas- 
ury. He shall in all cases receive his fees in advance and 
give such bail as the legislature may require.”’ 

Mr. Magone moved to amend by striking out ‘‘and clerk of 
the board of supervisors,’’ which prevailed. The amendment 
to the section was then adopted. 


Mr. Kinney moved to amend so that the clerk should be 


elected for two instead of four years, which was carried. 

Mr. Parks moved as a new section that the legislature have 
power to establish inferior courts in the several counties, with 
such jurisdiction as the law may prescribe, which prevailed. 

Mr. Tweedy moved as a new section that no justice shall 
receive any fee or perquisite of office, which was lost. 

After some discussion of the plan for courts of conciliation, 
the convention adjourned. xpress, Dec. 1, 1846. 


1846] THE CONSTITUTION OF 1846 529 


TUESDAY, NovEMBER 24, 1846 


Prayer by the Rev. Mr. McHugh. 

The journal of yesterday was read. 

Resolutions were introduced and read as follows, to wit: 

By Nathaniel F. Hyer. ‘‘Resolved, That the rules of this conven- 
tion shall not be so construed as to prevent the report of the commit- 
tee on revision and adjustment from being considered in committee of 
the whole, and receiving amendments there[to] if the majority shall 
so direct.’’ 

By Mr. Noggle. ‘‘Resolved, That the eighteenth rule be amended by 
adding as follows to wit: ‘unless instructed so to do by resolution: 
Provided, always, That such resolution of instruction shall contain the 
particular matter proposed to be added, stricken out, or amended, and 
shall be considered without debate, unless by leave of the convention.’ ”’ 

By Hiram Brown. ‘Resolved, That all articles that have passed 
their third reading be printed for the use of the convention.’’ 

The majority and minority reports of the select committee on reso- 
lutions relative to disqualification from office were then taken up, when 
Mr. Dennis moved that the same be laid upon the table. Mr. Magone 
moved a call of the convention, which was seconded, and Messrs. Agry, 
Beall, Brace, Clark, Coombs, Dunning, Gilmore, Graham, Granger, 
Green, Hays, Hunkins, Phelps, Prentiss, Randall, Rankin, and George 
B. Smith reported absent. Mr. Magone moved that all further pro- 
ceedings under the call be dispensed with, which was agreed to. Anda 
division having been called for, there were 58 in the affirmative, nega- 
tive not counted. 

Mr. Dennis then withdrew his motion. 

Mr. Magone moved that the majority and minority reports be re- 
ferred to the committee of the whole and postponed until the first 
Monday in December next. 

Mr. Judd moved to amend the motion by striking out the word ‘‘De- 
cember’’ and inserting the word ‘‘January.’’ 

Warren Chase moved that the said reports be laid upon the table. 
And a division of the question having been called for, and the ques- 
tion having been put on laying the report of the majority of the com- 
mittee on the table, it was decided in the affirmative. And the ayes 
and noes having been called for and ordered, those who voted in the 
affirmative were [affirmative 64, negative 32; for the vote see Appen- 
dix I, roll call 144]. 

The question was then put on laying the minority report on the table 
and was decided in the affirmative. And the ayes and noes having 
been called for and ordered, those who voted in the affirmative were 
[affirmative 60, negative 38; for the vote see Appendix I, roll call 145]. 


34 


530 WISCONSIN HISTORICAL COLLECTIONS _ [Nov. 24 


The majority and minority reports of the special commit- 
tee to whom were referred resolutions incapacitating from hold- 
ing offices the delegates to this convention and all now hold- 
ing office in the territory then came up. 

W. Chase moved to lay both reports on the table. 

Mr. Elmore did’nt like this shirking. A majority of this 
convention, said he, have already voted for these resolutions— 
if now they want to crawfish let them come fairly up to the 


scratch and vote them down. He didn’t like this way of 
smothering in the dark. 


A division of the question was then called for, and the ques- 
tion was then taken first on the majority report, which was 
laid on the table, ayes 64, noes 31; then on the minority report 
which also was laid on the table, ayes 60, noes 38.—Ezpress, 
Dec. 1, 1846. 


Mr. Crawford, from the select committee to whom was referred the 
reports of the clerks of the several courts, made the following report, 
to wit: 


‘“‘The select committee to whom was referred the communications 
from the clerks of the several courts beg leave to report that they have 
received returns from six clerks only, which show the expense and costs 
are over twice as much as moneys collected. There are a number back 
yet that have neglected to make their returns. 

“We have not received returns from Milwaukee, Racine, Walworth, 
and many other courts. 


JOHN CRAwrForD, Chairman.’’ 


Mr. Magone, by leave, introduced the following resolution, which 
was read, to wit: ‘‘Resolved, that the following be made a section of 
the schedule: 

‘Section —. No member of this convention shall hold any office 
of honor, trust, or profit created by this constitution herewith sub- 
mitted, for the two years next succeeding its adoption.”’ 

Moses M. Strong moved that the accounts of the several clerks of 
courts be referred to the committee on expenses, which was agreed to. 

The convention then resolved itself into committee of the whole for 
the consideration of No. 13, ‘‘ Article on the organization and functions 
of the judiciary,’’ Mr. Hackett in the chair. And after some time spent 
therein the committee rose and reported progress thereon and asked 
leave to sit again. Leave was granted. 


On motion of Mr. Moore the convention took a recess until twe 
o’clock, P. M. 


1846) THE CONSTITUTION OF 1846 531 


_ The convention then resolved itself into committee of the 

whole, Mr. Hackett in the chair, for the further consideration 

of the article on the judiciary. 

__ The committee proceeded further to consider the section pro- 
viding for courts of conciliation, which was finally adopted as 

follows: 

“Tribunals of conciliation may be established with such 
powers and duties as may be prescribed by law, but such tri- 
bunals shall have no power to render judgments obligatory on 
the parties unless they agree to abide the judgment or assent 
thereto, in the presence of each tribunal.”’ 

Verbal amendments only were made in the succeeding sec- 
tions to the twenty-third, which reads as follows in the original 
article: ‘‘Any male citizen residing in this state, of the age 
of twenty-one years, of good moral character, and who pos- 
sesses the requisite qualifications of learning and ability, shall 
be entitled to admission to practice in all the courts of this 
state.”’ 

Moses M. Strong wished to insert ‘‘white’’ before ‘‘male”’ 
which was disagreed to. He then moved to strike out all about 
“‘character and qualifications.’’ 

Mr. Ryan hoped that whichever the convention should decide 
to do, they would do one thing or the other—either shut the 
door close or open it wide. For his own part he didn’t care 
much which. He thought it would be better for the profession 
perhaps that the door be thrown quite open—he didn’t feel so 
sure it would be best for the public. As the law now stands, 
said he, the door is nominally shut, but in fact anybody can get 
in that wants to, and the whole profession is held responsible 
for the blunders and wickedness of men who ought never to 
have been in it. He hoped we would do either one thing or 
the other. 

H. Barber didn’t like the latitudinarian way—he had seen the 
evils of it—he thought that the practice of the law needed 
study. He hoped the section would stand as it is. 

Mr. Manahan considered it antirepublican to make a sep- 
arate profession—he was for freedom in the fullest sense of 
the term and he didn’t fear that talent would suffer. 


532 WISCONSIN HISTORICAL COLLECTIONS _ [Nov. 24 


Mr. Drake had different views. He thought that by the pres- 
ent rule great care was used to preserve the respectability of 
the courts, and by so doing to preserve the security of the men 
doing business at the courts. It appeared to him that this 
throwing open the doors would increase the business of the 


lawyers fourfold. Now he (Mr. Drake) was not one who — 


would ery down lawyers—he had as much respect for lawyers 
as for any class of men on earth. He felt under great obli- 
gations to lawyers on this floor for doing what he could not 
have done, but he could not go so far for them as to allow a 
system which would increase their business fourfold. 

Mr. Ryan then read an amendment which he would offer in 
proper time, really doing, as he thought, what the convention 
seemed inclined to do. 

Moses M. Strong liked the idea and was not particular about 
the language—he withdrew his amendment in favor of the 
gentleman from Racine (Mr. Ryan). 

Mr. Ryan then introduced the following as a substitute for 
the original section: 

‘“The profession of attorney, counsellor, and solicitor in the 
courts of this state is abolished. Any male person of the age 
of twenty-one years or upwards may appear in any court for 
himself or as attorney, counsellor, or solicitor for any other 
person.”’ 

Mr. Parks apprehended that this is a subject of more im- 
portance than gentlemen seem to think. Under the existing 
rule attorneys are sworn men, who do not need a special power 
of attorney to act for another. Would gentlemen do away with 
the profession and compel the lawyer to get a special power 
every time he would act for his client? Or would they allow 
any man to act for any other without such power? He (Mr. 
Parks) would hardly like that; he preferred to know who was 
acting for him. 

Mr. Kellogg considered the whole business out of place here. 

Mr. Ryan’s amendment was then adopted, after which the 
committee rose.—E xpress, Dec. 1, 1846. 


THE CONSTITUTION OF 1846 D303 


TWO O'CLOCK, P. M. 


Mr. Tweedy, from the select committee to whom was referred No. 16, 
Article on municipal corporations,’’ reported the same back with 
amendments. 

The convention then resolved itself into committee of the whole for 
the further consideration of No. 13, ‘‘Article on the organization and 
functions of the judiciary,’’ Mr. Hackett in the chair. And after some 
time spent therein the committee rose and by their chairman reported 
the said article back with amendments. 

And the question being on concurring in the amendments of the 
committee of the whole thereto, a division of the question was called for. 

And the question having been put on concurring in the first amend- 
ment, to wit: to strike out of the first and second lines of the first sec- 
tion the words ‘‘and the judges of the supreme court, or of the major 
part of them,’’ it was decided in the affirmative. 

And the question having been put on concurring in the second 
amendment of the said committee, to wit: to strike out all after the 
word ‘‘courts’’ in the third line of the second section, it was decided 
in the affirmative. 

And the question being on concurring in the third amendment of the 
committee, to wit: to strike out the fourth section and insert the fol- 
lowing: ‘‘for the term of five years from the first election of the judges 
of the circuit courts and thereafter until the legislature shall other- 
wise provide. The judges of the several circuit courts shall be judges 
of the supreme court, a majority of whom shall constitute a quorum, 
and the concurrence of a majority shall be necessary to a decision. A 
judge who has sat in a cause in the circuit court shall be disqualified 
to sit in the same cause in the supreme court.”’ 

Mr. Ryan moved to amend the amendment by striking out the words 
‘‘for the term of five years from the first election of judges of circuit 
courts and thereafter until the legislature shall otherwise provide.’’ 
And the question having been put on the said amendment, it was de- 
cided in the affirmative [negative]. 

And the ayes and noes having been called for and ordered, those who 
voted in the affirmative were [affirmative 30, negative 58; for the vote 
see Appendix I, roll call 146]. 

The question then recurred on the amendment as reported by the 
committee of the whole. And having been put, it was decided in the 
affirmative. And the ayes and noes having been called for and or- 
dered, those who voted in the affirmative were [affirmative 77, negative 
12; for the vote see Appendix I, roll call 147]. 

The question was then put on concurring in the fourth amendment 
which was to strike out the word ‘‘prohibition’’ in the fifth line of 
the third section and insert the word ‘‘injunction’’ in lieu thereof; 
and also to insert the word ‘‘and’’ after the word ‘‘original’’ in the 
same line; it was decided in the affirmative. 


534 WISCONSIN HISTORICAL COLLECTIONS  [Nov. 24 _ 


The question was then put on concurring in the fifth amendment 
reported by the committee, which was to amend section fifth by striking 
out the words ‘‘Lafayette and Montgomery’’ and inserting ‘‘Iowa’’ and 
also to add to the section as follows: ‘‘and the counties of Chippewa, 
St. Croix, and La Pointe shall be attached to the county of Crawford 
for judicial purposes, until otherwise provided by the legislature,’’ and 
was decided in the affirmative. 

The question was then put on concurring in the sixth amendment 
of the said committee, which was to strike out the word ‘‘when’’ in 
the second line of the seventh section, and insert the words ‘‘after he 
shall be’’ in lieu thereof, and was decided in the affirmative. 

The question was then put on concurring in the seventh amendment 
of the committee, which was to strike out the word ‘‘prohibition’’ in 
the fourth line of the eighth section, and insert the word ‘“injunetion’’ 
in lieu thereof, and was decided in the affirmative. 

The question was then put on concurring in the eighth amendment 
of the committee, which was to strike out of the first line of the ninth 
section the words ‘‘a supreme or circuit’’ and also to strike out the 
word ‘‘other’’ in the fourth line of the same section, and to insert after 
the word ‘‘election’’ in the same line the words ‘‘for state or county 
officers,’’ and was decided in the affirmative. 

The question was then put on concurring in the ninth amendment of 
the committee, which was to insert after the word ‘‘supreme’’ in the 
first line of the tenth section the words ‘‘and cireuit’’ and strike out 
the words ‘‘not more than’’ immediately before the words $1,500’’; 
also to strike out all of the second line of the same section to the word 
“‘and,’’ where it last occurs therein; also, to strike out the number 
“fone’’ in the seventh line of the same section and insert ‘‘two’’ in lieu 
thereof, and was decided in the affirmative. 

The question was then put on concurring in the tenth amendment 
of the committee, which was to strike out all after the word “‘law’’ 
in the fourth line of the eleventh section, and was decided in the af- 
firmative. 

The question was then put on concurring in the eleventh amend- 
ment of the committee, which was to strike out the word ‘‘four’’ in the 
second line of the thirteenth section, and insert ‘‘two’’ in lieu thereof, 
and was decided in the affirmative. 

The question was then put on concurring in the twelfth amendment 
of the committee, which was to amend the thirteenth section by adding 
after the word ‘‘election’’ in the fourth line the following: ‘‘The clerk 
of the cireuit court shall perform all the duties of the office of register 
of deeds. On the first Monday of January and July in each year he 
shall make a statement under oath of all the fees of his office during 
the half year preceding and deposit the same in the office of the 
county treasurer. When the fees mentioned in such statement shall 
exceed the sum of $750, he shall pay seventy-five per centum of such 
excess into the county treasury. He shall in all cases receive his fees 
in advance and give such bond as the legislature may require.’? And 
also by striking out the word ‘‘four’’ and insert[ing] the word ‘‘two”’ 
in the second line of said section, and was decided in the affirmative. 


1846] THE CONSTITUTION OF 1846 535 


_ The question was then put on concurring in the thirteenth amend- 
ment of the committee, which was to strike out of the first line of the 
fourteenth section the words ‘‘concurrent resolution’’ and insert in lieu 
thereof the word ‘‘address’’ and was decided in the affirmative. And 
a division having been called for, there were 31 in the affirmative and 
17 in the negative. 

The question was then put on concurring in the fourteenth amend- 
ment of the committee, which was to strike out of the fifth line of the 
fourteenth section the words ‘‘and no judge shall be removed for any 
eause for which he might have been impeached,’’ and was decided in 
the affirmative. 

The question was then put on concurring in the fifteenth amendment 
of the committee, which was to insert after the word ‘“‘have’’ in the 
fourth line of section 16 the words ‘‘civil and criminal,’’ and also to 
strike out all after the word ‘‘law’’ in the fifth line thereof and to 
add as follows, to wit: ‘‘The legislature shall have power to establish 
inferior courts in the several counties, with such limited civil and crim- 
inal jurisdiction as may be conferred by law,’’ and was decided in the 
affirmative. 

The question was then put on concurring in the sixteenth amendment 
of the committee, which was to strike out of the first line of the nine- 
teenth section the words ‘‘in the name of,’’ and was decided in the 
affirmative. 

The question was then put on concurring in the seventeenth amend- 
ment of the committee, which was to strike out of the first line of sec- 
tion 20 the words ‘‘on process or a rate of fees on’’ and insert in lieu 
thereof the words ‘‘on all civil,’’ and also to strike out all after the 
word ‘‘courts’’ in the second line to the word ‘‘shall’’ in the fourth 
line and insert the word ‘‘which’’ and was decided in the affirmative. 

The question was then put on concurring in the eighteenth amend- 
ment of the committee, which was to strike out the twenty-second 
section and insert as follows: ‘‘The profession of attorney, counsellor, 
and solicitor in the courts of this state is abolished. Any male person 
of the age of twenty-one years or upwards may appear in any court 
for himself or as attorney, counsellor, or solicitor for any other person.”’ 
Mr. Huebschmann moved to amend the amendment by striking out all 
before the word ‘‘any’’ in the second line which was agreed to. And 
a division having been called for, there were 43 in the affirmative and 
30 in the negative. 

Mr. Ryan moved to amend by striking out all after the word “‘sec- 
tion’’ and inserting as follows, to wit: ‘‘Every license to practice 
law shall expire in two years after the adoption of this constitution; 
and thereafter no person shall be permitted to practice law unless by 
license of the supreme court, to be granted only after a full examina- 
tion in open court, and upon the unanimous certificate of the judges, 
to be entered on the records of the court, that the applicant has upon 
such examination exhibited full and abundant ability and learning to 
practice law with safety to the public and has produced satisfactory 
evidence of good moral character.’’ 


536 WISCONSIN HISTORICAL COLLECTIONS  [nov. 24 


And the question having been put, it was decided in the negative. 
And the ayes and noes having been called for and ordered, those who 
voted in the affirmative were [affirmative 36, negative 54; for the vote 
see Appendix I, roll call 148]. 


The convention then went into committee of the whole on 
the judiciary, Mr. Hackett in the chair. Some verbal amend- 
ments were then made, and the committee rose and reported 
the article back to the convention with amendments. The 
question being on concurring in the amendments reported by 
the committee of the whole, they were severally adopted, ex- 
cept Mr. Ryan’s amendment to the twenty-second section, 
which was stricken out, and the section left to stand so that 
‘“‘any male person of the age of twenty-one years or upwards 
may appear in any court for himself, or as attorney, counsellor, 
or solicitor for any other person.”’ 

Mr. Ryan then offered what he called the other horn of the 
dilemma. The convention having refused fairly to open the 
door, he wished it really shut. His amendment was as follows: 
To strike out the section and insert ‘‘Hivery license to practice 
law shall expire in two years after the adoption of this con- 
stitution; and thereafter no person shall be permitted to prac- 
tice law in this state unless by license of the supreme court, 
to be granted only after a full examination in open court and 
upon the unanimous certificate of the judges, to be entered on 
the records of the court, that the applicant has upon such ex- 
amination exhibited full and abundant ability and learning to 
practice law with safety to the public and has produced sat- 
isfactory evidence of good moral character.”’ 

The amendment was lost—ayes, 36; noes, 54.—EHapress, Dee. 

1, 1846. 


The question recurred on the amendment of the committee of the 
whole as amended. And having been put, it was decided in the affirma- 
tive. 

The question was then put on concurring in the nineteenth amend- 
ment of the committee, which was to strike out of the first line of sec- 
tion 25 the words ‘‘as early as,’’ and was decided in the affirmative. 

The question was then put on concurring in the twentieth amend- 
ment of the committee, which was to strike out all after the words 
“modification and adoption,’’ in the fifth line of the twenty-fifth sec- 
tion, and was decided in the affirmative. 


-~ a. oe 


1846] THE CONSTITUTION OF 1846 537 


The amendments of the committee having been gone through with, 
and the whole article being open for amendment, Mr. Gray moved to 
amend by striking out all after the word ‘‘term’’ in the third line of 
the ninth section. And the question having been put, it was decided 
in the negative. And the ayes and noes having been called for and 
ordered, those who voted in the affirmative were [affirmative 30, nega- 
tive 63; for the vote see Appendix I, roll call 149]. 

Mr. Dennis moved to amend by striking out the fifteenth section and 
inserting as follows, to wit: 

“Section 15. There shall be elected in each of the counties of this 
state one county judge, who shall perform the duties of judge of pro- 
bate and shall have such jurisdiction in cases arising in justices’ courts 
and in special cases as the legislature may prescribe,’’ which was 
disagreed to. 

Mr. Baker moved to amend by inserting the following as section 4: 

‘“Section 4. Whenever the legislature shall establish a distinct su- 
preme court, as provided in the fifth section of this article, the same 
shall consist of one chief justice and two associate justices, any two of 
whom shall constitute a quorum, and the concurrence of two of said 
judges shall be necessary to a decision. Such judges shall be chosen 
by the qualified electors of the state, and shall hold their office for the 
term of six years, and until their successors are elected and qualified.”’ 

Mr. Magone moved to amend by striking out the word ‘‘whenever”’ 
in the first line and insert the words ‘‘if ever’’ in lieu thereof, which 
was agreed to. And a division having been called for, there were 43 in 
the affirmative and 38 in the negative. 

The question was then put on the adoption of the amendment as 
amended, and was decided in the negative. And a division having 
been called for, there were 25 in the affirmative, negative not counted. 

Mr. Lovell moved to reconsider the vote by which the eighteenth 
amendment of the committee of the whole, which was relative to the 
admission of attorneys, was concurred in. And the question having 
been put, it was decided in the negative. And the ayes and noes hav- 
ing been called for and ordered, those who voted in the affirmative were 
[affirmative 42, negative 52; for the vote see Appendix I, roll call 150]. 

Mr. Hackett moved to amend the twenty-second section by adding 
the following words, to wit: ‘‘Subject to such rules of court as may 
hereafter be adopted,’’ which was disagreed to. 

And a division having been called for, there were 29 in the affirma- 
tive, negative not counted. 

Mr. Beall moved to amend the tenth section by inserting between the 
words ‘‘of’’ and ‘‘$1,500’’ the words ‘‘not to exceed.’’ And pending 
the question thereon, Marshall M. Strong moved that the article be re- 
committed to the committee on the organization and functions of the 
judiciary, which was agreed to. And a division having been ealled 
for, there were 51 in the affirmative and 19 in the negative. 

On motion of Mr. Ryan the convention adjourned. 


538 WISCONSIN HISTORICAL COLLECTIONS 


WEDNESDAY, NoveMBER 25, 1846 


Prayer by the Rey. Mr. Miner. 

The journal of yesterday was read. 

Mr. Graham, from the committee on education, schools, and school 
funds, reported No. 31, ‘‘Article on education, schools, and school 
funds.’’ 


*‘Section 1. The supervision of public instruction shall be vested 
in a state superintendent and such other officers as the legislature may 
direct. The state superintendent shall be chosen by the electors of 
the state once in every two years. The legislature shall provide for 
filling vacancies in the office of state superintendent and prescribe his 
powers and duties. 

“‘Section 2. There shall be a state fund for the support of publie 
schools throughout the state, the capital of which shall be preserved 
inviolate. All moneys that may be granted by the United States to 
this state and the clear proceeds of all property, real or personal, that 
has been or may be granted as aforesaid for educational purposes or 
for the use of the state when the purposes of the grant are not specified, 
and all moneys and the clear proceeds of all property which may ac- 
erue to the state by forfeiture or escheat shall be appropriated to, and 
made a part of the capital of said fund. The interest on said fund 
together with the rents on all such property until sold shall be inviol- 
ably appropriated to the support of said schools, annually. Provision 
shall be made by law for an equal and equitable distribution of the 
income of the state school fund amongst the several towns, cities, and 
districts, for the support of schools therein, respectively, in some just 
ratio to the number of children attending such schools respectively. 

“Section 3. Provision shall be made by law requiring the several 
towns and cities to raise a tax on the taxable property therein annu- 
ally, for the support of common schools in said towns and cities, respec- 
tively. The amount of such tax for each year shall not be less in any 
town or city than with the amount receivable by such town or city 
from the state school fund will produce an amount equal to one dol- 
lar and fifty cents for every scholar therein. 

“‘Section 4. The legislature shall provide for a system of common 
schools which shall be as nearly uniform as may be throughout the state, 
and inasmuch as the public schools should be equally free to children 
of all religious persuasions, no book of religious doctrine or belief, and 
no sectarian instruction shall be used or permitted in any publie school. 

“‘Section 5. The legislature shall provide for the establishment of 
libraries, one at least in each town and city, and the money which shall 
be paid as an equivalent for exemption from military duty and the 
clear proceeds of all fines assessed in the several counties for any breach 


1846] THE CONSTITUTION OF 1846 539 


of the penal laws shall be exclusively applied to the support of said 
libraries. 
W. W. Grauam, Chairman 
EK. G. Ryan 
G. M. FirzcEraup’’ 


Which was read the first and second times, referred to the committee 
of the whole, and ordered printed. 

Mr. Steele, from the committee on miscellaneous provisions, reported 
No. 32, “‘Article on the rights of married women, and on exemption 
from forced sale.’’ 


“‘The committee on miscellaneous provisions, to whom was referred 
the subject of the rights of married women, as also the subject of the 
exemption of the homestead from forced sale, respectfully report the 
following article as the result of their deliberations: 

**Section 1. All property, both real and personal, all moneys, evi- 
dences of debt or choses in action of the wife owned or claimed by her 
before marriage and also that acquired by her after marriage by gift, 
devise, descent, or by purchase with her separate funds, shall be her 
separate and individual property, and none of it except that given 
her by her husband shall in any manner or form be liable for his debts, 
and that donated by the husband shall only be liable for debts owing 
by him at the time of the donation, and in the same manner and to the 
like extent as if he had retained the same and no further. Laws shall 
be passed providing for the registry of the property of the wife and 
for carrying out the provisions of this section. 

“Section 2. The following property shall in no way be liable for 
debt and shall be exempt from all judgments and liens and from levy 
and sale upon any execution or from any forced sale upon any liability 
hereafter contracted, to wit: 

“The homestead, including 160 acres of land which shall be used 
solely for farming purposes, or in place thereof at the option of the 
owner any lot or lots in any town, village, or city in this state of the 
value, including improvements, not to exceed $2,000, all household 
furniture and wearing apparel, the family library and pictures, the 
tools of a mechanic or miner, all agricultural implements of a farmer 
or gardener, the team of a farmer or teamster, with the necessary ap- 
pendages, all livestock, and the products of the farm, not exceeding 
in value $500, all necessary provisions and fuel provided for use; a 
seat or pew in any house of worship; all tombs, burial lots, or rights 
of burial ; the library of a minister of the gospel, lawyer, or physician; 
the horse, necessary tackle and vehicle; medicines and instruments of a 
physician or surgeon. 

“‘The legislature may make such other and further exemptions as to 
them shall seem proper. 

KE. Sreeie, Chairman 
W. CHAsE’’ 


Which was read the first and second times, referred to the committee 
of the whole, and ordered to be printed. 


540 WISCONSIN HISTORICAL COLLECTIONS  [Nov. 25 


Mr. Gray moved that 2,000 extra copies be printed for the use of this 
convention. 

Mr. Ryan moved to amend by striking out the word ‘‘thousand,’’ 
which was disagreed to. And a division having been called for, there 
were 17 in the affirmative, negative not counted. 


Mr. Gray moved to print 2,000 extra copies of the report. 

Mr. Ryan moved to amend the motion by striking out the 
“£000.” 

Mr. Gray had made his motion seriously. This was the only 
subject on which any great number of petitions had come up 
tous. He thought it right to print the extra copies. 

The question was then taken on Ryan’s amendment, which 
was lost.—Express, Dec. 1, 1846. 


Moses M. Strong moved that the motion of Mr, Gray be laid upon the 
table, which was agreed to. 

The resolution introduced by Mr. Judd on the twenty-third instant, 
relative to banks and banking, was taken up, when Mr. Judd moved 
that the further consideration thereof be postponed until Monday next. 

Moses M. Strong moved that the said resolution be laid upon the table. 
And the question having been put, it was decided in the negative. And 
the ayes and noes having been called for and ordered, those who voted 
in the affirmative were [affirmative 49, negative 49. For the vote see 
Appendix I, roll eall 151]. 

Mr. Fuller, by leave, asked that leave of absence be granted him. 
Leave was granted. Mr. Steele asked that leave of absence be granted 
to Mr. French. Leave was granted. 

Mr. Baker, by leave, gave notice that he would, on some future day, 
move to reconsider the vote by which the convention agreed to adjourn 
on the first day of December. 

Pending the question on the adoption of the resolution of Mr. Judd, 
the morning hour having expired, the said resolution was laid over until 
tomorrow. 


Mr. Judd moved to postpone the consideration of the reso- 
lution introduced by him, discharging the committee on re- 
vision from further consideration of the bank article till Mon- 
day next. 

A motion to lay the resolution on the table was lost—ayes 
49, noes 49. 

Moses M. Strong hoped if they were determined to try this 
question again it might be done now. 


1846] THE CONSTITUTION OF 1846 541 


Marshall M. Strong hoped gentlemen would not bring this 
agitating subject before them now—he wished it postponed till 
all the other business of the convention is done. 


Mr. Judd declared that his very motive. 
At this time the debate and whole matter were cut off by the 


expiration of the morning hour.—Express, Dec. 1, 1846. 


No. 16, ‘‘Article on municipal corporations,’’ was taken up, when 
Marshall M. Strong moved that the same be referred to the committee 
of the whole, which was agreed to. 

The convention then resolved itself into committee of the whole for 
the further consideration of No. 2, ‘‘Regolution relative to colored suf- 
frage,’’ Mr. Baird in the chair. And after some time spent therein, the 
committee rose and reported the same back to the convention without 
amendment. 

Mr. Whiteside moved a call of the convention, which was ordered, and 
Messrs. Agry, Hiram Barber, J. Allen Barber, Beall, Bennett, Clark, 
Coombs, Elmore, Granger, Holeombe, N. F. Hyer, Magone, Parks, 
Phelps, Geo. B. Smith, and Moses M. Strong reported absent. 

Messrs. J. Allen Barber and N. F. Hyer were excused from their at- 
tendance. The sergeant at arms was sent for the absentees, and pend- 
ing his report Mr. Dennis moved that all further proceedings under 
the call be dispensed with, which was agreed to. 

Mr. Randall moved to amend the said resolution by striking out the 
words ‘‘the next general election and at,’’ which was agreed to. 

Moses M. Strong moved to amend by inserting after the word “‘ offi- 
cers’’ the words ‘‘and shall be eligible to all offices’’ when Mr. Parks 
moved that the further consideration of the said resolution be post- 
poned until Monday next, which was disagreed to. 

Warren Chase moved the previous question, which was seconded. 
And the question having been put, ‘‘Shall the main question be now 
put?’’ it was decided in the affrmative. And the question having been 
put on the adoption of the amendment proposed by Moses M. Strong, 
it was decided in the affirmative. And the ayes and noes having been 
ealled for and ordered, those who voted in the affirmative were [affirma- 
tive 61, negative 39; for the vote see Appendix I, roll call 152]. 

The question then recurred on ordering the said article to be en- 
grossed for its third reading. And having been put, it was decided in 
the affirmative. And the ayes and noes having been called for and or- 
dered, those who voted in the affirmative were [affirmative 54, negative 
49. For the vote see Appendix I, roll call 153]. 

Moses M. Strong moved that the vote ordering the said resolution to 
be engrossed for its third reading be reconsidered, and moved a call of 
the convention, when A. Hyatt Smith moved that the convention take 
a recess until two o’clock, which was agreed to. And a division having 
been called for, there were 63 in the affirmative, negative not counted. 


542 WISCONSIN HISTORICAL COLLECTIONS  [nov. 25 


Necro SuFFRAGE 


The resolution and article offered by Mr. Randall was taken 
up, and the convention went into committee of the whole on 
said article, Mr. Baird in the chair. 

And after a short time it was reported back without amend- 
ment. 

The question was on its engrossment for its third reading. 

A call of the house was made. 

Mr. Strong of Iowa addressed the convention against the 
article. He had hoped this matter would not have been forced 
upon them. He had hoped that out of respect to the opinions 
of the western people the question would not now be urged. 
He could not let the question pass without using his efforts to 
prevent it. He believed, and his constituents had reason to 
believe, that it was the intention of the people of the east to 
adopt this provision. 

Mr. Randall rose to say a few words. ‘He introduced this 
proposition on his own responsibility. He had not been in- 
structed to vote for negro suffrage as had been intimated by 
some reports he had seen in the Madison Express. 

Mr. Burchard said that if the resolutions that passed the 
convention from whom the gentleman received his nomination 
did not instruct him to vote for negro suffrage, he did not know 
what meaning words in the English language did convey. 

Mr. Randall said it was merely a declaratory resolution, 
recognizing the democratic principle of universal suffrage. 

J. Y. Smith was in great doubt as to the proper course to 
be pursued on this question and spoke of the reasons which 
were presented on both sides. 

Mr. Hackett wished to explain his views. He did not enter- 
tain the opinion that the question should be thus separately 
submitted; but out of deference to his constituents who held 
different views he should vote for the proposition. 

Mr. Harkin thought it would endanger the constitution and 
should therefore oppose it. 

Mr. Noggle was not in favor of negro suffrage, but he be- 
lieved a large portion of the people wished this question to be 


1846) THE CONSTITUTION OF 1846 543 


separately submitted. He did not believe the people of Wis- 
consin were in favor or would vote to adopt this proposition. 

Mr. Whiteside did not believe in submitting it as a separate 
proposition. If the convention believed a majority of the peo- 
ple were in favor of negro suffrage it should be placed in the 
constitution. If the people were opposed to it, it should not 
be submitted to the people in any shape. 

Mr. Steele should not cast his vote on this question as a mat- 
ter of expediency, but on the principles of right. If he had 
been present, he should have voted to strike out of the suffrage 
article the word ‘‘white.’’ He advocated his position at some 
length. 

Mr. Holcombe did not know what were the views of his con. 
stituents on this question, but he was opposed to extending the 
right of suffrage to the negro. He spoke of the peculiar posi- 
tion of this territory in regard to the South, and of the national 
difficulties that were growing out of the relations betwixt the 
two races in this country, and advocated the principle of colo- 
nization as the only effectual remedy for these evils. 

H. Barber rose to give the reasons which should govern his 
vote. He could not see that it was necessary to pass this ar- 
ticle to conciliate the abolitionists. They would not be satis- 
fied short of a provision of this character incorporated in the 
constitution. The appeal that came up from the western part 
of the territory was great reason that had governed him and 
would govern him in his action on this question. 

Mr. Moore should vote on this question as he thought right 
and was in favor of the resolution. He closed his remarks by 
ealling for the previous question, which was not seconded. 

Mr. Parks moved to postpone the question till Monday next. 
He wanted to have an opportunity to present the question of 
Indian suffrage in the same manner. 

Mr. Strong of Iowa moved to amend by inserting ‘‘and shall 
be eligible to all offices,’’ after the clause that they shall be al- 
lowed to vote. 

Mr. W. Chase should vote for the amendment and for the 
article. He had but little feeling on the subject, but his con- 
stituents had an interest in this question. 


7 


544 WISCONSIN HISTORICAL COLLECTIONS _ [nov. 25 


The amendment was adopted. 

Mr. Judd had supported this proposition heretofore, but 
should not vote for the article on account of the amendment 
just adopted. 

The vote was as follows [roll call No. 153].—Democrat, Nov. 
28, 1846. 


The resolution introduced by Mr. Randall for the separate 
submission of the question of colored suffrage was then taken 
up in committee of the whole, read, and reported back to the 
convention without amendment. The question being on order- 
ing the resolution to be engrossed, a call of the house was or- 
dered. 

Mr. Elmore didn’t like the resolution, though he should vote 
for it as the best he could get. He would have preferred to 
have had the proper Democratic principle in the article on 
suffrage; the word ‘‘white’’ should have been stricken out. 
Some gentlemen thought it would be expedient to gratify the 
wishes of a portion of the people by allowing a separate vote 
on this subject. 

Mr. Steele should vote for the resolution not for expediency, 
but because he thought it right. He did not go for excluding 
blacks. 

Moses M. Strong and Whiteside spoke against the resolu- 
tion in particular, and against negro suffrage in general. 

Moses M. Strong moved an amendment making negroes eli- 
gible to all offices in the state. He wished to make the article 
as obnoxious as he could. 

Mr. Noggle should vote for the amendment, that the people 
might fairly understand what they were voting for, though he 
considered the whole thing included already. 

Mr. W. Chase should vote for the amendment and for the 
resolution, amended, or not. He called for the previous ques- 
_ tion, which was sustained. 

Mr. Hackett wished to explain the reasons that would gov- 
ern him in his vote upon that question. It would be recollected 
by the convention that he had heretofore voted against extend- 
ing the right of suffrage to the blacks, and he was still opposed 


1846] THE CONSTITUTION OF 1846 545 
to it, and was personally opposed to the submission of the 
question to the people for the reason that he had no belief that 
one-tenth part of the electors would vote for it, and not that 
he had any distrust of the people. He should vote for the res- 
olution because he was virtually instructed so to do and be- 
eause he believed a very respectable portion of his constituents 
desired it. 


The question being on the amendment of Moses M. Strong, 
it was adopted; ayes, 60; noes, 39. The resolution was then 
adopted by the following vote [roll call No. 152]. 

Before the vote was announced by the President, Mr. Ma- 
gone obtained leave to change his vote. Moses M. Strong also 
obtained leave to change his vote. The reason in both cases 
being understood to be to enable either of those gentlemen to 
move a reconsideration. The President then announced the 
vote, ayes 54; noes 49. 


Moses M. Strong moved a reconsideration of the vote and a 
call of the house, pending which the convention adjourned till 
two o’elock.—Express, Dec. 1, 1846. 


TWO O’CLOCK, P. M. 


Resolution No. 2, relative to colored suffrage, was then taken up. 
And the question being on the motion of Moses M. Strong to reconsider 
the vote ordering the said resolution to be engrossed, Mr. Magone moved 
a call of the convention, which was ordered, and Messrs. Agry, Hiram 
Barber, Beall, Bennett, Berry, Brace, Burt, Clark, Clothier, Coombs, 
Edgerton, Giddings, Goodrich, James H. Hall, Hays, Hicks, Holeombe, 
Huebschmann, Manahan, Parkinson, Parsons, Prentiss, Geo. B. Smith, 
Steele, Turner, Vineyard, and Whiteside, reported absent. 

Mr. Meeker moved that leave of absence be granted to Mr. Huebsch- 
mann. Leave was granted. 

Mr. Elmore moved that all further proceedings under the eall be 
dispensed with, which was disagreed to. And a division having been 
ealled for, there were 15 in the affirmative, negative not counted. 

Mr. Judd moved that the convention adjourn until Friday morning 
next, at nine o’clock. And the question having been put, it was de- 
cided in the negative. And the ayes and noes having been called for 
and ordered, those who voted in the affirmative were [affirmative 4, 
negative 85; for the vote see Appendix I, roll eall 154]. 

Moses M. Strong moved that all further proceedings under the call 
be dispensed with, which was agreed to. And a division having been 
ealled for, there were 42 in the affirmative and 25 in the negative. 


35 


546 WISCONSIN HISTORICAL COLLECTIONS _ [Nov. 25 


Mr. Dennis moved the previous question, which was ordered. And 
the question having been put, ‘‘Shall the main question be now put?’ 
it was decided in the affirmative. 

The question then recurred on the motion of Mr. Strong to re- 
consider the vote on ordering the said resolution to be engrossed. And 
the question having been put, it was decided in the negative. And the 
ayes and noes having been called for and ordered, those who voted in 
the affirmative were [affirmative 49, negative 55; for the vote see Ap- 
pendix I, roll call 155]. 

No. 20, ‘‘Article to abolish death as a capital punishment,’’ was 
taken up and read a third time when Mr. Elmore moved that the fur- 
ther consideration of said article be postponed until Monday next. 
Moses M. Strong demanded the previous question, which was seconded. 

Mr. Mills moved that the convention adjourn, which was disagreed to. 
And the question having been put, ‘‘Shall the main question be now 
put?’’ it was decided in the affirmative. 

The question was then put on the passage of the said article and 
was decided in the negative. And the ayes and noes having been called 
for and ordered, those who voted in the affirmative were [affirmative 30, 
negative 68; for the vote see Appendix I, roll call 156). 


The article abolishing the death penalty then came up on its 
third reading. 

Mr. Ryan considered the death penalty a hindrance to justice. 
He had rarely met with a lawyer who did not agree with him. 
He called to the minds of gentlemen the cases of Robinson, the 
murderer of Ellen Jewitt, and of Tirrell, in Boston, both of 
whom were acquitted in spite of an almost unanimous belief 
of their guilt. He believed that the penalty is an escape to the 
murderer in four cases out of five; and he believed this the 
honest working of a commendable and human feeling. He 
wished gentlemen could have been in his county with him to 
have seen the feeling which stirred that entire and generally 
quiet people. He believed that if it were possible there could 
be a capital conviction in every county, there would come up 
such a voice against capital punishment that there would not 
be one vote in its favor. 

Mr. Noggle had voted for this bill in the previous stages, 
though without the intention of voting for it on its final passage. 
He should vote against it. 

Mr. Tweedy thought the matter should be left to the legisla- 
ture. He had once been inclined to favor the abolition of cap- 
ital punishment, but the more he thought of it the more he 


THE CONSTITUTION OF 1846 d47 


doubted the expediency. As for the objection of the gentle- 
man from Racine (Mr. Ryan) of the difficulty of obtaining con- 
Victions, he thought that could be easily obviated by dividing 
the erime of murder into two or three degrees, the jury in all 
eases to judge of the degree. 

_ After a somewhat lengthy debate the previous question was 
We ordered, and the question taken on the final passage, which was 
" decided in the negative by the following vote [roll call No. 156]. 
_—Ezpress, Dee. 1, 1846. 


_ The next business was the article abolishing the punishment 

_ of death, which came up for its final passage. 

Mr. Ryan addressed the convention in favor of the article. 

Mr. Judd replied at length to the argument of Mr. Ryan. 

Mr. Magone spoke in favor of the article. 

Mr. Noggle had voted for the article before, but he had not 

intended to vote for it on its fmal passage. It would be impol- 

_ itie at our present condition to abolish it. But he thought it 

_ Was a more appropriate matter for the legislature. 

_ Mr. Kellogg thought it was going too far to provide that no 

_ person could be pardoned or commuted in any way, under any 
circumstances. 

Mr. Ryan explained that the objections of his colleague could 
be entirely obviated by legislative action. 

Mr. Tweedy had thought the matter had been disposed of. 

_ There were a great many objections to the present bill. 

G. B. Smith spoke in favor of the article and against capital 
punishment. 

Mr. Burchard should vote against the bill. He thought that 
if a man should deliberately take life he was not fit to live. He 
thought the state of society would not be safe if the death pen- 
alty was abolished. 

W. Chase said that the argument that we had no place to put 
@ man in and should therefore take his life had no weight with 
him. 

Mr. Magone could not subscribe to the sentiments of the gen- 
tleman from Waukesha (Mr. Randall). 


4 


* 


548 WISCONSIN HISTORICAL COLLECTIONS _ [Nov. 25 


Mr. Randall had long held the firm conviction that he who 
shed man’s blood by man shall his blood be shed. 

Mr. Harkin should vote against the bill. He did not believe 
in lumbering up the constitution. It was a proper subject of 
legislation. 

Mr. Drake spoke at some length against the report. 

Mr. Kellogg was fully satisfied with the explanation of his 
colleague. He thought, too, that it would work strong objec- 
tions at the ballot box to the constitution. 

W. R. Smith had given his views on this question several © 
times. He was still in favor of abolishing capital punishment. — 
He spoke against the specific provisions of the article. 

Mr. Elmore wanted to reach the article in a way to amend it. © 
He would move to postpone it till Monday next. 

Mr. Strong of Iowa called for the previous question, which 
was sustained. 

The question was then taken on the final passage of the ar- 
ticle, as follows [roll call No. 156].—Democrat, Nov. 28, 1846. 


Mr. Tweedy moved to reconsider the vote by which the convention 
refused to pass the said article. Mr. Magone moved to lay the said mo- 
tion on the table, which was disagreed to. The question was then put 
on the motion to reconsider and was decided in the negative. 

On motion of Mr. Hackett the convention adjourned until seven 
o’clock, P. M. 


SEVEN 0’CLOCK, P. M. 


The convention resolved itself into committee of the whole for the 
consideration of No. 16, ‘‘ Article on municipal corporations,’’ Mr. Ma- 
gone in the chair. And after some time spent therein the committee 
rose and by their chairman reported the same back to the convention ~ 
with an amendment. 

And the question having been put on concurring in the amendment 
reported by said committee, which was to add a new section, as fol- 
lows: ‘‘Section 4. The legislature shall have power at all times to 
alter, amend, or repeal any act of incorporation hereafter passed, 
whether such act shall be by general or special law. But no special act 
of incorporation shall be repealed, except by a vote of two-thirds of 
each house of the legislature, unless in pursuance of a right of repeal 
reserved in the act creating such incorporation,’’ it was decided in the 
affirmative. The said article was then ordered to be engrossed for a 
third reading. 


THE CONSTITUTION OF 1846 549 


EVENING SESSION 


The convention went into committee of the whole on the re- 
port of the select committee, Mr. Magone in the chair. 

Mr. Strong of Racine offered an amendment by adding a 
new section which provided that the legislature shall have 
power to repeal all charters, whether granted by general laws 
or special acts. 

Mr. Tweedy moved to amend the amendment by adding that 
all corporations created by special acts should not be repealed 
except by a two-third vote unless by a special clause in the act 
allowing a majority to repeal. 

The amendments were discussed by Messrs. Strong, Tweedy, 
Gray, and W. Chase. 

The amendment to the amendment was carried, and the new 
section was adopted. 

The committee rose and reported the bill back to the house, 
and the amendments were concurred in, and the article was 
ordered to its third reading.—Democrat, Nov. 28, 1846. 


MonictpaL CoRPORATIONS 


Marshall M. Strong introduced a separate section, that the 
legislature have power to alter, amend, or repeal any act of in- 
corporation hereafter passed, whether by special or general 
laws. 

Mr. Gray hoped the section would not prevail; he feared it 
would deter capitalists from investing among us. 

Mr. W. Chase hoped it would prevail. He wanted this prin- 
ciple declared in the constitution—a principle which he consid- 
ered right. 

Mr. Tweedy moved to amend as follows by adding, ‘“but no 
special act of incorporation shall be repealed, except by a vote 
of two-thirds of each house of the legislature, unless in pursu- 
ance of a right reserved in the act.’? He (Mr. Tweedy) could 
not agree with the gentleman from Racine (Marshall M. 
Strong) that there was no danger to be apprehended from the 
legislature on this subject. He did fear that in times of party 


550 WISCONSIN HISTORICAL COLLECTIONS _ [noyv. 25 


excitement a majority of the legislature might be found willing 
to do injustice to the men who had made investments. He did 
not fear this danger if two-thirds were required. He said that 
though the gentleman from Racine (Mr. Strong) might not 
fear any danger, he (Mr. Tweedy) knew that eastern men, 
whose capital we wished to get invested in our state, did fear. 
They have not confidence in the western states. 

Marshall M. Strong was pleased with the candor with which 
this subject had been treated. He then stated that New York 
had the same provision in all her charters, and that the state _ 
of Michigan had reserved this same right when she sold her : 
Central Railroad to Boston capitalists. | 

The amendment of Mr. Tweedy was then adopted, and the 
section as amended passed. 

The committee then rose and reported the article back to the 
house. The amendment was concurred in, and the article or- 
dered to be engrossed.—Ezpress, Dee. 1, 1846. 


Mr. Burchard moved to suspend the rules in order that the several 
resolutions pending might be now taken up and acted upon by the con- 
vention, which was agreed to. 

The resolution relative to the article on banks and banking was then 
taken up, when Mr. Baird moved that the further consideration thereof 
be postponed until Monday next, which was agreed to. 

Resolution No. 2, of November [twenty-third] was then taken up, 
and on motion of Mr. Magone was referred to the committee on mis- 
cellaneous provisions. 

The resolution instructing the committee on the judiciary to inquire 
into the expediency of declaring in the constitution whether the com- 
mon law or what parts thereof shall be adopted as the law of the state 
of Wisconsin was then taken up and adopted. 

The resolution relative to the printing of the journal of the conven- 
tion was then taken up, when A. Hyatt Smith moved that the same be 
laid upon the table, which was decided in the affirmative. And the 
ayes and noes having been ealled for and ordered, those who voted in 
the affirmative were [affirmative 44, negative 34; for the vote see Ap- 
pendix I, roll call 157]. 

The resolution relative to going into committee of the whole on the 
report of the committee on revision and adjustment was taken up, when 
Mr. Kellogg moved that the further consideration of the same be post- 
poned until Monday next, which was agreed to. 

The resolution to amend the eighteenth standing rule was then taken 
up, when A. Hyatt Smith moved that the same be laid on the table, 
which was decided in the negative. And a division having been called 
for, there were 17 in the affirmative, negative not counted. 


1846] THE CONSTITUTION OF 1846 dol 


Marshall M. Strong moved that the further consideration of said res- 
olution be postponed until Monday next. 

Mr. Parks demanded the previous question. 

A. Hyatt Smith moved a call of the house, which was seconded and 
Messrs. Agry, Berry, Bowker, Clark, Coombs, Dunning, Edgerton, 
Granger, Green, Hill, Holcombe, Inman, Judd, Phelps, Rankin, Ryan, 
John Y. Smith, Steele, Moses M. Strong, Topping, and Turner reported 
absent. 

Mr. Lovell moved that the convention adjourn until tomorrow at two 
o’clock, P. M., which was disagreed to. 

Mr. Dennis moved that all the members reported as absent be ex- 
cused from their attendance. 

Marshall M. Strong moved that the convention adjourn, which was 
disagreed to. And the ayes and noes having been called for and or- 
dered, those who voted in the affirmative were [affirmative 30, nega- 
tive 46; for the vote see Appendix I, roll call 158]. 

Mr. Magone moved that the convention do now adjourn, which was 
agreed to. And the ayes and noes having been called for and ordered, 
those who voted in the affirmative were [affirmative 46, negative 37; 
for the vote see Appendix I, roll call 159]. 

So the convention adjourned. 


D052 WISCONSIN HISTORICAL COLLECTIONS  [Noy. 26 


THuRSDAY, NOVEMBER 26, 1846 


Prayer by the Rev. Mr. McHugh. 

The journal of yesterday was read. 

Mr. Baird asked that leave of absence for the remainder of the ses- 
sion be granted to Mr. Agry. Leave was granted. Mr. Steele asked 
that leave of absence be granted himself and Mr. Elmore. Leave was 
granted. 

Marshall M. Strong introduced the following resolution, which was 
read, to wit: ‘‘Resolved, That the rules be amended by adding the fol- 
lowing rule: After the report of the committee on revision shall have 
been received and the amendments reported by them shall have been 
acted upon the report shall be taken up and read, section by section, 
and if any ten members shall desire that a vote should be taken upon 
any section, the president shall put the vote upon the adoption of such 
section, and if a majority shall vote against its adoption, then such 
section shall be stricken out of the constitution. If any section should 
be stricken out so that the adjoining sections shall need amendment, 
then the constitution may be referred to a select committee to make 
amendments to conform to the vote of the convention. After such 
amendments shall have been concurred in, the question shall be on or- 
dering the constitution to be engrossed for a third reading, and after 
the same shall have been engrossed, then the question shall be on its 
final passage.’’ 

The resolution introduced by Mr. Noggle on the twenty-fourth in- 
stant, relative to amending the rules, was taken up, when Mr. Noggle 
moved that the consideration thereof be postponed until tomorrow, 
which was agreed to. 

The resolution introduced by H[iram] Brown on the twenty-fourth 
instant, relative to printing the articles that have passed, was taken up. 
And the question having been put on the adoption of the same, it was 
decided in the affirmative. And a division having been ealled for, there 
were 43 in the affirmative, negative not counted. , 

The resolution introduced by Mr. Magone on the twenty-fourth in- 
stant, relative to adding a new section to the schedule, was taken up, 
when Asa Kinne moved that the same be laid upon the table. And 
the question having been put, it was decided in the affirmative. And 
the ayes and noes having been called for and ordered, those who voted 
in the affirmative were [affirmative 60, negative 27; for the vote see 
Appendix I, roll call 160]. 

Mr. Magone introduced the following resolution, which was read, 
to wit: ‘‘Resolved, That the following section be made a part of the 
constitution and added as a section to the schedule: 

“* “Section —. No member of this convention shall hold any office 
of honor, trust, or profit created by this constitution herewith sub- 


1846] THE CONSTITUTION OF 1846 D093 


mitted, for ten years next succeeding its adoption: Provided, That the 
disfranchising clause be applied only to those who vote for the adop- 
tion of the resolution.’ ’’ 

Mr. Judd introduced the following resolution, which was read, to 
wit: ‘‘Resolved, That the following section be adopted as a part of 
this constitution: 

*« “Section —. The right of the people to transact any and all legit- 
imate business, not inconsistent with public morals, shall never be re- 
strained; nor shall any law be passed restricting the right of the peo- 
ple of this state from freely exercising the privilege of any lawful avo- 
cation or business whatever, or from buying or selling any of their 
commodities, goods, or other property; nor shall they be restrained 
from receiving any security or securities which they may think proper 
to receive for the same; and no penalty shall ever be enacted by the 
legislature prohibiting the people from paying or receiving in payment 
for any such goods or other property any promissory note or other evi- 
dence of debt, or any article or articles which they may agree to re- 
ceive.’ ’’ 

Hiram Barber introduced the following resolution which was read, 
to wit: ‘‘Resolved, That Article No. 1, on banks and banking, be sub- 
mitted to the electors of this territory at the same time this constitu- 
tion is submitted to them for their approval, and that it be voted on 
as a distinct proposition. There shall be a separate ballot box kept 
by the inspectors of election, and every voter entitled to vote for the 
adoption of this constitution shall be permitted to vote for or against 
the said article No. 1, on banks and banking. Tickets shall be prepared 
having on them written or printed, or partly written and partly 
printed, the words ‘ Against the article on banks and banking,’ or ‘For 
the article on banks and banking’ and if a majority of all the votes 
given on that subject be for the article on banks and banking, then the 
said article No. 1 shall be a part of this constitution. But if a major- 
ity of all the votes given on that subject shall be against the said ar- 
ticle, then it shall not be a part of this constitution.’’ 

Mr. Parks moved that the rules be suspended for the consideration of 
the resolution introduced by Mr. Magone, which was agreed to. 

Mr. Hays moved to adjourn until nine o’clock tomorrow morning, 
which was disagreed to. 

Marshall M. Strong objected to the resolution. And the question 
having been put, ‘‘Shall the resolution be rejected?’’ it was decided in 
the affirmative. 


Mr. Magone’s resolution, making a part of the schedule an 
article incapacitating delegates to this convention from holding 
office in this state for two years after the adoption of the con- 
stitution, was then laid on the table; ayes 60, noes 27. 

Mr. Magone did not wish to trouble the convention, but he 
desired a direct vote on the proposition; therefore he again 
introduced the same resolution. 


554 WISCONSIN HISTORICAL COLLECTIONS _ [nov. 26 


Mr. Parks moved a suspension of the rules for considering 
the same now. Carried. 


It being intended as an article of the constitution, it was read 
the first time and rejected.—Express, Dec. 1, 1846. 


Mr. Dennis gave notice that on some future day he would move a 
reconsideration of the vote or votes by which the present rules or either 
of the rules of this convention were adopted, and also that on Monday 
next, or some succeeding day, he would move to reconsider the vote 
by. which the amended rules of this convention were adopted on the 
twenty-first day of October last, and also the vote by which the rules 
of this convention were adopted on the sixth day of October last. 

It being ten o’clock, A. M., Mr. Baird moved that the convention take 
a recess until two o’clock, P. M., the day having been appointed by 
the executive of the territory as a day of thanksgiving. 

Mr. O’Connor moved that the convention do now adjourn. And the 
question having been put, it was decided in the negative. And the ayes 
and noes having been ealled for and ordered, those who voted in the 
affirmative were [affirmative 39, negative 57; for the vote see Appen- 
dix I, roll call 161]. 

The question then recurred on the motion of Mr. Baird. And hay- 
ing been put, it was decided in the affirmative. And the ayes and noes 
having been called for and ordered, those who voted in the affirmative 
were [affirmative 50, negative 48; for the vote see Appendix I, roll 
call 162]. 

So the convention took a recess until two o’clock, P. M. 


A motion to adjourn till tomorrow (today being Thanksgiv- 
ing) was then put and lost; ayes 39, noes 57. 

Mr. Baird moved that the convention adjourn till two o’clock. 
After considerable debate on the length of time which respect 
to the governor required this body to adjourn, the question was 
taken and carried, ayes 50, noes 48.—E xpress, Dee. 1, 1846. 


TWO O’CLOCK, P. M. 


Mr. Phelps moved that the convention do now adjourn. Mr. Baird 
ealled for a division, and also for the ayes and noes, neither of which 
were put. And the question having been put on the motion of Mr. 
Phelps, it was decided in the affirmative. 

So the convention adjourned. 


At two o’clock the convention met, the President calling 
Moses M. Strong to the chair. 


( 
. 
. 
| 
| 
: 


‘THE CONSTITUTION OF 1846 }s}3) 


(notwithstanding repeated calls for ayes and noes by Mr. Baird 
id others, to which the Chair paid no regard) the convention 
declared adjourned.—Express, Dec. 1, 1846. 


506 WISCONSIN HISTORICAL COLLECTIONS _ [Nov. 27 


Fray, NovEMBER 27, 1846 


Prayer by the Rev. Mr. Miner. 

The journal of yesterday was read and corrected. 

Mr. Hunkins, from the committee on engrossment,’ reported No. 16, 
‘Article on municipal corporations,’’ as correctly engrossed. 

Wm. R. Smith introduced the following resolutions, which were read, 
to wit: ‘‘Resolved, That the secretary of the convention be hereby di- 
rected to deposit in the office of the secretary of the territory at Madi- 
son the constitution of the state of Wisconsin, and all petitions, me- 
morials, reports of committees, manuscript journals, and manuscript 
minutes of the committee of the whole, and all other records of the con- 
vention. 

“‘Resolved, That the engrossed constitution shall be signed by the 
members of the convention in the order of the counties which they re- 
spectively represent, and by the officers thereof, on the day of 
December instant, at o’clock, A. M., in convention, and that the 
following certificate precede the signatures: 

‘““We, the undersigned members of the convention to form a con- 
stitution for the future state of Wisconsin, to be submitted to the peo- 
ple thereof for their adoption or rejection, do hereby certify that the 
foregoing is the constitution as agreed to by the convention. 

‘* “In testimony whereof, according to the act of the legislature in 
that case made and provided, we have hereunto set our hands at Mad- 
ison, this day of December, A. D., 1846.’ 

‘‘Resolved, That 10,000 copies of the constitution be printed for the 
use of the members of the convention. 

“Resolved, That 500 copies of the journal of the convention be 
printed and half bound, and that the same be distributed as follows: 
To each of the delegates, one copy. To the president of the United 
States, the heads of departments, including the commissioner of Indian 
affairs and the commissioners of the general land office, each, one copy. 
To the executive of each of the United States, one copy. To the secre- 
tary of the Senate, and the clerk of the House of Representatives of 
the Congress of the United States, for the use of the houses of Congress, 
each, one copy. To the Congressional Library, five copies. To the 
governor, secretary, and the judges of the supreme court of the terri- 
tory of Wisconsin, each, one copy. To the clerks of the courts of the 
organized counties in this territory, for the use of the respective coun- 
ties, each, one copy. To the territorial library, twenty-five copies. The 
remainder of the copies shall be deposited in the territorial library, 
subject to such distribution as may hereafter be directed by law.’’ — 

Mr. Burt introduced the following resolution, which was read, to 
wit: ‘‘Resolved, That the committee on miscellaneous provisions be 
instructed to inquire into the expediency of embodying in their report 


1846] THE CONSTITUTION OF 1846 oot 


a provision prohibiting the legislature from appropriating any public 
money for the payment of any clerical service, or to any clerical office 
whatever.’’ 


The resolution introduced by Mr. Noggle on the twenty-fourth in- 
stant, relative to an amendment of the rules, was taken up, when Mr. 
Noggle moved that the consideration of the same be postponed until 
tomorrow, which was agreed to. 

The resolution introduced by Marshall M. Strong, on yesterday, rel- 
ative to amending the rules, was taken up, when Mr. Baker moved to 
amend by inserting after the word ‘‘constitution,’’ in the eleventh 
line, the following: ‘‘And if —— members shall request that any sec- 
tion shall be amended, or that a new section shall be adopted, the ques- 
tion shall be put upon such proposed amendment or new section, and 
if adopted by a vote of the majority, the same shall become a part of 
the constitution’’; and also to insert after the words ‘‘stricken out,’’ in 
the eleventh line, as follows: ‘‘or amended or a new section added.”’ 


A. Hyatt Smith moved to amend the amendment by filling the blank 
with the words, ‘‘a majority of the.’? And pending the question there- 
on, the morning hour expired. The said resolution was laid over until 
tomorrow. 


A. H. Smith wished to amend by requiring a majority to 
wish this direct vote to amend instead of twenty. 

Mr. Baker modified his amendment by striking out ‘‘twenty”’ 
and leaving a blank. A question of order then arose on the 
majority required to adopt this new rule. 

Moses M. Strong contended that it was to amend, and the 
rules required a two-thirds vote. 

The President decided that as it was to add a new rule and 
not to amend any rule now existing it did not require a two- 
thirds vote. 

Moses M. Strong took an appeal from the decision of the 
Chair, pending which the morning hour expired and the orders 
of the day were called. 

Mr. Dennis moved to suspend the rules in order for the fur- 
ther consideration of the resolution (of Marshall M. Strong) 
now. 

Mr. Magone hoped his friend would not press his motion. 
He (Magone) desired to proceed to the business of the day and 
not to listen longer to low pettifogging on points of order. 

Moses M. Strong—Will the gentleman from Milwaukee des- 
ignate for whom he means his charge of “‘low pettifogging?”’ 


558 WISCONSIN HISTORICAL COLLECTIONS — ,nov. 27 


Mr. Magone—The remark was general, but if the coat fits 
any member, he may put it on. 

Moses M. Strong thought we had enough of these ‘*veneral’’ 
remarks. He wished the gentleman would stand up and say 
what he means. He had no doubt he meant him (Moses M. S.) 
but he should not make the application; if he (Magone) did 
mean him (Strong) he (Strong) hoped he would have the man- 
liness to say so. . 

Magone—I did mean you. 

Moses M. Strong then threw his cane across the hall at Ma- 
gone, which struck the column near Magone’s seat. 

Before the recess, Moses M. Strong rose in his place and said 
—Mr. President: I think an apology is due from me to the 
convention for the violation of its order and decorum into which 
I was betrayed this morning by a temporary excitement of my 
passions, occasioned by the remarks of the gentleman from 
Milwaukee. I therefore take pleasure in making such apology 
to the convention. 

Mr. Magone then rose and said: Mr. President—An apol- 
ogy has been made by the gentleman from Iowa. Perhaps the 
convention would deem one due from me. If I have violated 
the rules of the convention, I would make a sincere apology to 
the convention, but none whatever to the member who forced 
me into the position which called out the objectionable remarks. 
—Express, Dec. 1, 1846. 

The convention then resolved itself into committee of the whole for 
the consideration of articles Nos. 3, 11, and 17, Marshall M. Strong in 
the chair. And after some time spent therein, the committee rose and 
by their chairman reported progress thereon, and asked leave to sit 
again. Leave was granted. 


On motion of Mr. Judd the convention took a recess until two 
o’clock, P. M. : 


TWO O’CLOCK, P. M. 


The convention resolved itself into committee of the whole for the 
further consideration of articles Nos. 3, 11, and 17, Marshall M. Strong 
in the chair. And after some time spent therein the committee rose and 
by their chairman reported articles Nos. 3 and 17 back with amend- 
ments to each, and article No. 11 without amendment. 


1846] THE CONSTITUTION OF 1846 559 


No. 3, ‘‘ Article on eminent domain and property of the state,’’ was 
taken up. And the question having been put on concurring in the 
amendment of the committee of the whole, which was to insert after the 
word “‘states,’’ in the third line from the bottom of the first page, the 
words “‘territory or territories,’’ it was decided in the affirmative. 
The said article was then ordered to be engrossed for its third reading. 

No. 11, ‘‘ Article relative to the act of Congress for the admission of 
the state,’’ was taken up, when Mr. Prentiss moved to amend the first 
section by inserting between the words ‘‘United States’? and ‘‘ap-'* 
proved,’’ in the fifteenth line, the words ‘‘entitled An Act to appro- 
priate the proceeds of the sales of the public lands, and to grant pre- 
émption rights,’’ which was agreed to. The said article was then or- 
dered to be engrossed for its third reading. 

No. 17, ‘‘Ordinance relative to the boundaries of Wisconsin,’’ was 
taken up. And the question being on concurring in the amendments 
of the committee of the whole thereto, a division of the question was 
called for. 

The question was then put on concurring in the first amendment of 
the committee of the whole, which was to strike out the letter ‘‘a,’’ in 
the word ‘‘Wisconsan,’’ wherever it occurs, and insert the letter ‘‘i,’’ 
and was decided in the affirmative. 

The question was then put on concurring in the second amendment 
of the committee of the whole, which was to strike out the word **shall,”’ 
where it first occurs in the eighth line of the second section, and in- 
sert the word ‘‘may,’’ and was decided in the affirmative. 

The question was then put on concurring in the third amendment of 
the committee, which was to insert after the word “‘agree,’’ in the sec- 
ond section, the words ‘‘in case the legislature shall deem it expedient,’’ 
and was decided in the affirmative. 

Mr. Ryan moved that the said article be recommitted to the com- 
mittee on the name and boundaries of the state, with instructions to 
report the northwestern boundary of this state on the boundary line 
between the United States and Great Britain. And pending the ques- 
tion thereon, Mr. Judd moved that the further consideration of the 
said article be postponed until tomorrow morning, which was agreed to. 


[The] convention then went into committee of the whole on 
the boundaries, eminent domain, division of the state, and the 
act of Congress for the admission of the state. 

The article on eminent domain and on the act of Congress 
was passed without amendment. 

Mr. Holcombe proposed an amendment to the article on boun- 
daries by striking out the clause agreeing to the boundaries 
prescribed by Congress and inserting in place thereof the fol- 
lowing, as the dividing line of the territory: 


560 WISCONSIN HISTORICAL COLLECTIONS _ [Nov. 27 


‘¢Tt should commence in the channel of the Mississippi River, 
directly south of the highest peak on Mountain Island, which, 
according to Nicollet’s map, is about where the forty-fourth 
degree of latitude crosses the Mississippi; thence due north a 
half degree; thence on a direct line (northeasterly) to the head- 
waters of the Montreal River, striking said headwaters at the 
same place as marked upon the survey made by Captain Cram; 
thence down the main channel of Montreal River to the middle 
of Lake Superior.”’ 

General Smith was opposed to the amendment. He feared 
it might endanger the adoption of the constitution by the peo- 
ple and its acceptance by Congress. He would prefer it should 
be made a distinct proposition to be submitted to Congress. 

Mr. Baird was opposed to the amendment, as giving up that 
portion of Michigan which he considered as justly belonging to 
us. He was also opposed to it as striking the Mississippi too 
low, and he was informed that the people of Crawford County 
were opposed to it. He also feared it would endanger the 
adoption of the constitution. 

Moses M. Strong would go for submitting it as a distinct 
proposition to Congress. He preferred the line proposed by 
the gentleman from St. Croix (Mr. Holcombe) to that of Con- 
gress, but he preferred that of Congress to leaving the matter 
open. 

Mr. Baker objected to giving up so great a portion of valu- 
able territory. He could not see the consistency of gentlemen 
who complained of being robbed on the northeast by Michigan 
and on the south by Illinois and who were now willing to give 
away a greater portion than both of these. 

Mr. Holcombe having discovered that his amendment was 
more directly clashing with the act of Congress than he had 
supposed, by leave, withdrew it, giving notice that he would 
offer it again as a proviso that Congress might act upon. 

The second section, being thought to make it binding on this 
state to commence immediate suits against the states of Illinois 
and Michigan, it was amended as to read, the question ‘‘may”’ 
instead of ‘‘shall’’ be referred to the Supreme Court of the 
United States. Also, to make the state agree to commence the 


¥ 
¥ 


1846] THE CONSTITUTION OF 1846 561 


suits immediately, ‘‘in case the legislature shall deem it expe- 
dient.’’ 

Mr. Brace then offered an amendment to run the line from 
the Indian village on the St. Louis River west to the Missis- 
sippi. 

Mr. Doty didn’t think it best to divide at all, unless we left 
enough on the north to make a state. 

The question was taken, and the amendment lost. 

The committee rose, the convention concurred in the amend- 
ments, and the article was postponed to allow Mr. Holcombe 
to introduce a new boundary. * * * 


THE BOUNDARIES OF WISCONSIN 
(Remarks of Mr. Holeombe, November 27, 1846) 


I find, sir, in approaching the subject of state boundary, the 
importance of it did not so clearly discover itself to my mind, 
until I came to investigate the bearing which it has upon com- 
munities, the course of trade, and the several branches of state 
and national government. The territory of Wisconsin may be 
regarded, so far as it lies within the reach of steam navigation, 
as being the most favored part of our whole country. Its nat- 
ural resources of soil, mineral, and lumber are more abundant 
and varied than that of any other one portion of our whole 
country; in addition to which the climate is highly favorable, 
and its commercial advantages not surpassed, having access to 
the Great Lakes on the north, and, on the west, to the Missis- 
Sippi, besides an internal communication, by the waters of 
Wisconsin River, to near the center of the territory from east 
to west, and from reports made of a practical survey may be 
continued entirely to Lake Michigan on the east. And I may 
add that another internal communication now exists by means 
of the waters of the St. Croix, a tributary of the Mississippi, 
to within (as has been recently estimated) about eighty miles 
of the navigable waters of St. Louis River, emptying into the 
west end of Lake Superior, these points—one of which being 
the extreme westerly point of the navigation of the great 


36 


562 WISCONSIN HISTORICAL COLLECTIONS _ [Nov. 27 


Northern Lakes, and the other the extreme northerly point of 
the navigation of the waters of the great Mississippi—between 
which is at no very distant day to become another thorough- 
fare. of internal communication uniting the northern and 
southern commerce of the nation. With these two belts of in- 
ternal communication before me, separated from each other 
two or three hundred miles and, as it were, binding together 
the extreme points of the great chains of navigation on the 
north and on the south, and with all the other resources in view, 
I can come to no other conclusion than that the whole of Wis- 
consin will one day become the most densely populated por- 
tion of the western states. 

It may not be out of place, Mr. Chairman, for me here to say 
something of that portion of our territory which I have the 
honor here to represent. Situated as it is, above, below, and 
about the head of steam navigation on the Mississippi River, 
it forms a common center for the business of all that country 
north and east of the Mississippi; and by means of the Lake 
and River St. Croix navigation penetrates the country to a 
point the most northward of any other, and is more permanent, 
as far as the head of Lake St. Croix, than even the Mississippi 
itself above the mouth of St. Croix. The business of that 
river and country thus far has been lumbering principally, and 
to that extent that two steamboats have been the past season 
engaged in that trade as regular packets from Galena and St. 
Louis. The country bordering on the east side of the Missis- 
sippi and above Lake Pepin, which is about thirty miles south 
of the St. Croix, is found to be well adapted to the pursuits 
of the farmer, a number of whom, from Maine and other east- 
ern states, are settling in the vicinity of St. Croix, it being a 
prairie country, of good soil, and producing equal to any in 
this section—beautifully undulating, and interspersed with 
groves of oak timber, watered with the purest water. The 
health of the same surpasses that of the country more south. 
This kind of country, bordering on the east side of the Missis- 
sippi, is found for three hundred miles, following its meander- 
ings above the mouth of St. Croix. The surface of the interior 
of the country towards Lake Superior becomes covered with 


f 1846] THE CONSTITUTION OF 1846 563 


hard wood timber, mixed with pine, the soil of which varies 
according to the growth of the timber found upon it. Where 
the sugar-maple, lynn, and oak grows may be found as good 
soil as in any country, of which there is a good proportion; 
where the pine is mixed in with the hard wood, the soil is not 
as good; and in groves, where the pine exclusively grows, the 
soil is sterile and sandy; and there is a considerable portion of 
the country towards Lake Superior that might be termed bar- 
rens, covered with small pine, without undergrowth, and suffi- 
ciently open to drive a wagon through without chopping a 
road. The country about the sources of the streams is con- 
siderably wet and marshy, and in some parts abounding with 
small lakes. As the country approaches Lake Superior it is 
less fit for cultivation, but is supposed to be a mineral country, 
without as yet any positive proof to any extent. It is, how- 
ever, a timbered country to the margin of Lake Superior and 
its tributaries, and along and near the latter the soil is good 
for agriculture. In all the country water power may be had 
to great extent, and emptying into Lake St. Croix are four 
mill streams with a fall of water of from ten to one hundred 
feet, and one of them has been compared to the Falls of the 
Genesee River at Rochester, New York, and as yet unoccupied. 

I have, Mr. Chairman, gone into detail of the description of 
the more valuable part of Wisconsin lying south of a west line 
drawn from the west end of Lake Superior to the Mississippi 
River, and as far south as the Chippewa River or Lake Pepin; 
and I have done this, sir, that this honorable body in conven- 
tion may have some kind of data to found an opinion upon as 
to the location of a line in equity to divide the territory of 
Wisconsin into two states, for I suppose the country in the 
southern part is sufficiently understood, so that with the par- 
tial description I have given and an examination of the maps 
an opinion may be made up by any gentleman nearly if not 
entirely correct on the subject before us. 

The next question I propose to examine, Mr. Chairman, is 
the principle which is mainly to be kept sight of in establish- 
ing the bounds or limits of a state. State boundary, as I un- 
derstand it, is fixing a limit within which the people of any 


564 WISCONSIN HISTORICAL COLLECTIONS | [nov. 27 


given territory may carry out the objects of state and national 
government, varying in size as commercial points may be nec- 
essary and the equal benefits of the government to be estab- 
lished shall warrant. In estimating the undisputed territory 
of Wisconsin it is supposed to have an area of near about 
90,000 square miles; and by reference to the older states, com- 
puted by Malte Brun, it is found their average is about 33,000 
square miles, each, and after deducting the six New England 
states the balance will average about 40,000 square miles, each; 
so that as far as territory is concerned we have yet undis- 
puted sufficient, and I might say more than enough, for two 
states. And I will here remark that the great commercial 
advantages which the southern part has, with its variety of 
agricultural, mineral, and lumbering resources, renders it 
probable, and I might almost say certain, that it is to be ulti- 
mately the most densely populated country of all the western 
and southern states because its whole surface is contiguous to 
navigation. I mention this as a reason that this state should 
not be over an average size—that our state representation in 
Congress may be on a scale that is just and equitable when it 
shall have arrived at a more mature age. The line of division 
reported by the select committee includes within the limits of 
the state about square miles of land and water, leaving 
a state about the size of Ohio, without the water of Lake Mich- 
igan, as nigh as I could ascertain by such maps as I could get 
access to. From the present seat of government to the ex- 
treme limits of the state on the north is a travel of about 250 
miles, which is believed to be as far under the circumstances 
in which we are placed as is necessary for the state govern- 
ment [to] be represented or the judiciary extended. To go be- 
yond this would be to impose a burden not only on the inhab- 
itants in representing constituency here, but the state in main- 
taining a judiciary there. If there was a commercial point be- 
yond the committee line necessary to secure for an outlet to 
the produce of this section of the country, then we should be 
highly censurable if we did not retain it; and although there 
is to the north to be found on the more westerly part of Lake 
Superior commercial advantages, yet it is not a necessary ap- 


1846] THE CONSTITUTION OF 1846 065 


pendage to this state for any commercial purposes, and is only 
necessary for the reception of the trade in its immediate vicin- 
ity, and to which it naturally belongs. 

And upon the same rule of reasoning which I have used in 
fixing the limits of this state the seat of government of the Lake 
Superior country should be in the vicinity of the St. Peter’s 
River or St. Croix Lake. I mention the latter because there 
is steam navigation permanent to that place, and I mention 
the former because I am informed that the United States gov- 
ernment contemplates establishing a territorial seat of govern- 
ment there. In either case the country immediately north of 
the committee line, viz., the county of Chippewa, may be rep- 
resented by a travel of about one hundred miles; the county 
of La Pointe, two hundred miles; and the county of St. Croix, 
from twenty-five to fifty miles. The remote location of these 
counties from the present seat of government, varying in their 
distances from three hundred to five hundred and fifty miles, 
mail route, will continue to be as it has been a source of vex- 
ation and to a great degree destructive of the very end which 
a good government has in view. It would seem, therefore, to 
be unreasonable to include the Lake Superior country, simply 
to gratify a feeling of state pride, at the expense of the per- 
petual disadvantages and vexations that would unavoidably 
grow out of it. 

There is another reason that may be given for the commit- 
tee’s line, and that is the particular curve of the territory 
about opposite the Mountain Island, making it about as natural 
to locate the dividing line where it is as to unite a right angle 
at the corner; besides, it takes the dividing ridge between the 
waters of the Chippewa and Black rivers, a natural division 
of the most broken and unfrequented country, and when so 
divided it leaves the state in the best shape it can be put. And 
the same may be said of the territory north and west, being 
something larger in its area, but considerably smaller in its 
susceptibility to cultivation and settlement, and much re- 
stricted in its commercial advantages. 

I propose next, Mr. Chairman, to examine the merits of the 
northwest boundary, as fixed by the late act of Congress. It 


566 WISCONSIN HISTORICAL COLLECTIONS _ [Nov. 27 _ 


will be recollected that that line is thus described: ‘‘thence up — 
the main channel of said river (St. Louis River) to the first — 
rapids in the same above the Indian Village, according to ~ 
Nicollet’s map; thence due south to the main branch of the © 
St. Croix; thence down the main channel of said river to the : 
Mississippi,’’ ete. There are several objections to this bound- i 
ary line, for it cures none of the evils to which I have just ; 
alluded, except so far as it leaves out of the state the popu- — 
lation on the west side of the St. Croix. The first objection I 
shall point out is that it is so located as to cut off the country 
west of the St. Croix from any commercial point on Lake Supe- 
rior (which is a most ungenerous act) and which point is one 
of great importance to that particular region of country. It is 
to it what Lake Erie is to Buffalo, and what Lake Michigan is 
to Chicago, and it is the only commercial outlet of that country 
eastward. Any gentleman can see this, Mr. Chairman, if he 
will but look at the map. 

Another great objection to that boundary line is, after it 
strikes the St. Croix River, it continues down the main channel 
of the same, dividing the settlements and placing the inhabi- 
tants on the different sides of the river under different gov- — 
ernments; the seat of the one being near by and the other far — 
off; and both having concurrent jurisdiction on the river, and 
operating very unequally. The tendency of such a state of 
things is to alienate the interests of society, perplex the trade 
and business of the river, and retard the growth of the settle- 
ment; and this, Mr. Chairman, without any cause. If these 
things are to remain so, what use is it to declare in our bill of 
rights that all government proceeds from the people? Has 
this proceeded from the people? No, Mr. Chairman. They of 
St. Croix never knew anything about it; there was no consul- 
tation with them. I repeat it, sir, it is an ungenerous act to 
my constituents, and it is improper in itself. Shall an enter- 
prising people be thus dealt with by Congress? No, Mr. 
Chairman; there ought not to be any gentleman here who would 
sanction such a course. But, sir, I believe that Congress and 
especially the Senate is composed of a magnanimous and high- 
minded people, and will do justly with any subject properly 


———————e ee 


1846] THE CONSTITUTION OF 1846 567 


represented to them; and therefore I shall ask the concurrence 
of this convention to adopt the line reported by the select com- 
mittee, Congress consenting thereto, instead of the one men- 
tioned in the late act fixing our northwest boundary. 

It is unjust, Mr. Chairman, to curtail the political influence 
of the Northwest by crowding us into states so large as to 
render the benefits of state government in its administration 
burdensome, especially where the territory is of such shape as 
not to admit of it. We will give our reasons for what we ask, 
and they shall be founded in justice. Do you say, Mr. Chair- 
man, that we in the Northwest must be cut off from Lake Supe- 
rior? No, Mr. Chairman. Do you say we must not front on the 
Mississippi below St. Croix? No, Mr. Chairman. Do you say 
that we must be cut in two as a community? No, Mr. Chair- 
man. And that, too, without notice? No, sir! You will not 
give your assent to any such proceeding. The time is coming 
when we shall want our political influence in the councils of 
the nation; and what matters it if we should have our twenty 
or thirty members of Congress in the lower house, and be over- 
Tuled in the Senate? Sir, the time is coming when our great 
agricultural states in the West must stand shoulder to shoulder 
—not, sir, that they are to have any particular protection, but 
that they may resist the encroachments upon their rights, and 
the restrictions of free trade. Free trade, sir, is what the 
farmers of the West want, for they are to hold the graneries 
to supply not merely this country, but the world; and it has 
been admitted on the floor of parliament that the Americans 
are to be the butchers and bakers for other nations. 

These considerations, Mr. Chairman, are weighty to my 
mind, and will conflict with other national interests, and are 
to be a bone of contention for years to come in the councils 
of our nation. And when I examine the schedule of the size 
of the different states of the Union, there is a fearful odds 
in a political point of view given to the manufacturing states, 
in their representation in the Senate. Therefore, it is impor- 
tant to come into the Union in every respect equal when prac- 
ticable. 


568 WISCONSIN HISTORICAL COLLECTIONS _ [Nov. 27 


With these considerations, Mr. Chairman, I should be want- 
ing in sagacity should I concur in any boundary on the north- 
west extending beyond the line reported by the select commit- 
tee; and with these views I shall for the present leave the sub- 
ject.—Express, Dec. 1, 1846. 


Mr. Dennis, from the committee on expenses, by leave, made the fol- 
lowing report, to wit: 


‘‘The committee on expenses, to whom was referred the account of 


S. 8. Keyes for chairs furnished the convention, make the following 
report: ‘Resolved, That S. S. Keyes be allowed the sum of $114 for 
chairs furnished for the use of the convention, and that the treasurer 
of the territory be and he hereby is directed to pay the same.’ ”’ 


By the unanimous leave of the convention the said resolution was 
taken up and adopted. 

On motion of Mr. Baird the convention took a recess until seven 
v’clock, P. M. 


SEVEN 0’CLOCK, P. M. 


The convention resolved itself into committee of the whole, for the 
consideration of No. 31, ‘‘ Article on education, schools, and school 
funds,’’ Warren Chase in the chair. And after some time spent there- 
in the committee rose and by their chairman reported progress on said 
article, and asked leave to sit again. Leave was granted. 

On motion of Mr. Ryan the convention adjourned. 


The convention went into committee of the whole on schools 
and school funds. 

Mr. Dennis offered as a substitute for the first section the 
following: ‘‘The supervision of public instruction shall be 
vested in such officers as shall hereafter be created by law.”’ 

Mr. Graham said, if the objection of the gentleman is that 
the superintendent is made elective, he was not at all particu- 
lar as to the mode, but he considered that officer indispensable. 
There could be no uniform system without him. There must 
be an annual report of the state of schools throughout the state. 
There could be none, said he, so satisfactory as from a man 
whose entire business it is to visit and know of all the schools. 
He considered it a matter of the greatest importance that the 
legislature have all this information. He mentioned Michigan, 
who had such a provision in her constitution. 


1846] THE CONSTITUTION OF 1846 569 


[Mr. Judd] took the ground (as it appeared to us) that no 
improvement could be made, or, indeed, was necessary im our 
common school system; that the plan of superintendence ad- 
yocated by gentlemen was not adapted to this territory; that 
it would be a mere frittering away of the school fund to ap- 
propriate any of it to the payment of a salary to a state super- 
intendent; and that all that was wanted to have good schools 
was money to pay teachers and erect schoolhouses. He also 
believed that town libraries, which gentlemen thought were 
productive of much good, were town nuisances—that the books 
were merely taken home and read once or twice by children 
and their parents, and then left to moulder upon the shelves. 
He believed that all this paraphernalia of state and county 
superintendents, new plans of school houses, ete., were only so 
many leaches to absorb the fund, without conferring any es- 
sential benefits upon the people or the cause of education. He 
informed the convention that he spoke from experience and 
observation in regard to these matters. 

36 a ca 

Mr. Drake thought that the system was not needed at pres- 
ent and would be more expensive than prudence would justify. 
He thought the duties for a time might be done by the secre- 
tary of state or some other officer already provided for, leav- 
ing to the legislature to provide for this office when the time 
came. 

Marshall M. Strong moved to amend the original section by 
inserting a salary of $1,200 per year. He thought we needed 
him now to travel over the state, organize the system, and 
awaken the people to the importance of this subject—an im- 
portance which, he said, all of us are frequent to allow with 
the lips, but seldom really feel. 

Mr. Ryan said that the committee had purposely left out the 
salary from the article, choosing to leave that to the legisla- 
ture, that they provide according to the duties. 

Mr. Tweedy spoke of the importance of fixing the system in 
the constitution. He said that he had been informed by the 
able superintendent in Michigan that unless the system had 
been there fixed by the constitution, it had been abandoned. 


570 WISCONSIN HISTORICAL COLLECTIONS _ [Nov. 27 


Said he, it takes time; if left to the legislature to make such 
provisions as they shall from time to time see fit, he feared it 
would completely fail. He spoke of Connecticut, where there 
had been a superintendent chosen one year, continued in office 
one year more, and the next year the whole thing given up. 
Said he, the system must be permanent; its vitality depends 
upon its permanency. You might as well, aye, better, trust 
your legislature every year to appoint your judges, fix your 
circuits, to establish your codes, as to leave it to them to man- 
age your schools. He considered the school system of impor- 
tance, as much before any other system we have had to do with, 
even the judicial, as that before the most simple. If it is not 
done now, said he, there will have to be twice the effort to 
raise the public mind to the importance of the thing. And then 
they will despair too soon—they cannot wait. If they do not 
see the most brilliant results in two or three years, they will 
give up the system. Ashe had said before, it takes time. Said 
he, we must not leave it to the legislature; if anything is to 
be settled here, it is this. 

The debate was continued till a late hour, when the commit- 
tee rose and the convention adjourned.—Ezpress, Dee. 1, 1846. 


Mr. Tweedy, in reply, was utterly astounded by the remarks 
of the gentleman preceding him. He had supposed there was 
not a member on that floor who could utter sentiments so at 
variance with the genius of our free institutions. Why, if we 
are to believe the gentleman, that there is no room for im- 
provement, that in fact we must retrograde instead of ad- 
vance in the cause of education, it were better that we go 
back to monarchy—to the principle that the few shall rule the 
many. His only hope for the stability of republican institu- 
tions was in the education of the masses. If they are educated 
as they should be, we can look forward to the time when all 
our citizens will be capable of occupying the highest and most 
responsible stations—we can look to a bright and unclouded 
future. For his part, he considered that this system of super- 
intendence was the foundation, the life of progressive educa- 
tion. He believed that a constant and vigilant watch should be 


1846] THE CONSTITUTION OF 1846 571 


kept over our public schools; that a state superintendent was 
necessary, a man of eminent learning and ability, who should 
devote his whole time and attention to education in our state— 
instituting normal schools for the education of teachers, ap- 


pointing local superintendents, and visiting every county, and 


if possible every school-district, to impress upon the minds of 
the people the importance of the subject. The gentleman from 
Dodge (Mr. Judd) had said that libraries were town nuisances, 
and that children were in the habit of taking the books home 
ard reading to their parents. He thanked the gentleman for . 
the latter information; he had not heretofore known that this 
was the practice. No place was better than home to acquire 
knowledge, where parents and children learn together. He 
hoped nuisances of this kind would multiply, until books of 
instruction would be in the hands of every parent and child, 
and read and commented upon. 

Mr. Judd rose and said that Mr. Tweedy had grossly mis- 
represented him, stoutly denied that he had said libraries were 
fown nuisances, and said that he belonged to a party and al- 
ways had belonged to a party that believed in the diffusion of 
knowledge and in the competency of the people to govern them- 
selves, and that was the the Democratic party; but, said he, 
there is a small remnant of a party that had for one of its car- 
dinal doctrines the concentrating the power of government in 
a few, and although he did not wish to stir up the recollections 
of the past, yet to that party the gentleman (Mr. Tweedy) be- 
longs. 

Such is, in substance, some of the remarks of Mr. Judd, the 
intelligent and dignified member from Dodge, on the subject 
of education. The sinister allusion, made use of by him, to the 
effect that the Whig party was in favor of the power of govern- 
ment being vested in a few, comes with rather an ill grace from 
one who was but last year defeated as a Whig candidate for 
the house of representatives, and who is now loud-mouthed in 
his professions of attachment to a party, the head and front 
of which has usurped power and plunged the nation into a war 
of conquest and aggression. He wishes, however, to become 
the head of the Tadpole party, which accounts for his devious 


572 WISCONSIN HISTORICAL COLLECTIONS _ [Nov. 27 


course; but this would be an unfortunate occurrence for the 
rank and file, inasmuch as (judging from his former transfor- 
mation) it would be an age before he would permit them to 
merge into ‘‘regular’’ bullfrogs, and he would then be super- 
annuated himself and unable to bellow. We therefore advise 
him to submit with becoming fortitude to the stern decree of 
fate for the good of the party and wag away lustily in his pres- 
ent position—the tail—EH xpress, Dec. 1, 1846. 


SCHOOLS AND THE SCHOOL FUNDS 
(Remarks of Mr. Bevans, in committee of the whole, November 27, 1846) 


Mr. Cuatrman: The importance of the subject now being 
considered by the committee added to the ardent desire I feel 
for the successful termination of the deliberations of the com- 
mittee in regard to this article will, I hope, be considered a 
sufficient apology for my trespassing at this late hour upon the 
time of this body. 

However successful we may be in our exertions to arrive at 
the best conclusion of our labors on other subjects, if we are 
unsuccessful in this attempt to incorporate in the constitution 
of the state suitable and ample provisions for the education of 
the children of the state, we shall have failed to meet the just 
and enlightened expectations of our constituents, and on our 
return to them may expect at their hands that which a good 
public servant would most desire to eschew, viz., their disap- 
probation. Other articles of great importance and questions 
of moment have hitherto been entertained by the convention; 
yet in my judgment, sir, all other questions dwindle into com- 
parative insignificance, if you contemplate them in their bear- 
ings upon the prosperity of the state, compared with the influ- 
ence upon the future hopes and prospects of the inhabitants 
of Wisconsin that are to ensue from the deliberations of this 
body in connection with the article on schools and school funds. 
If this convention pursue an enlightened and liberal policy, 
as regards this question, whatever else it fail to accomplish, I 
shall entertain no fears for the future greatness and happiness 


1846] THE CONSTITUTION OF 1846 d13 


of our people. If, however, our labors terminate with no other 
provision for public schools than a simple and useless declara- 
tion that ‘‘learning shall forever be encouraged in this state,”’ 
if we neglect to make it an imperative requisition upon our 
legislature to give us a system of public schools according to 
the most approved plan—to provide for the election of a state 


_ officer whose duty it shall be to superintend this first interest 


of the state—to provide ample funds for accomplishing this 
great end, to wit: the instruction of our youth—lI say, if these 
great interests are disregarded by this convention, we shall 
present to the world the mortifying spectacle of an entire fail- 
ure in having attempted to erect a political superstructure 
without a foundation on which to build. 

In the defeat of the bank article the friends of that measure 
think they see future derangement in our currency and ruin to 
our internal commerce; in the defeat of the article on taxation, 
finance, and the public debt that the door is left wide open for 
inequalities in the distribution of the burdens of the govern- 
ment, and for state and individual bankruptcy; but, Mr. Chair- 
man, admitting that these articles are defeated (which I trust 
may not be the case) and that the evils predicted by their 
friends, sudden and overwhelming as the avalanche, sweep over 
the state, and that to these are added the three great scourges 
of mankind—war, pestilence, and famine—what are these, | ask, 
if the minds of the people are enriched with the treasures of 
learning and intelligence? If their minds are deeply imbued 
with the spirit of patriotism inherited from our fathers, we 
may hope, notwithstanding all, for the rising greatness of the 
state. When the fury of the pestilence is past, when the rav- 
ages of war have ceased, when the griping pangs of famine 
have subsided, correct legislation will cure the remaining evils, 
and our young and future state will rise like a worthy ship 
after the perils of a furious gale and steadily pursue its on- 
ward passage towards the port of distinguished greatness. 

All admit that the children of the state are to be instructed 
in political economy and in the various branches of science. 
How is it to be accomplished? Is it by striking the word 
*‘superintendent”’ from the first section of this article, by dis- 


574 WISCONSIN HISTORICAL COLLECTIONS _ [nov. 27 


pensing with this state officer, who alone can give uniformity, 
energy, and efficiency to the system? Is it by a pitiful annual 
salary of one or two hundred dollars to be given to this offi- 
cer, whose duties are more onerous, laborious, and abundant 
than any other officer in the state? Or do gentlemen hope to 
accomplish this great work by doing nothing, by leaving the 
subject entirely with the people? Let me inform gentlemen 
that the people have committed to this convention this first in- 
terest of the state—the work of providing for the instruction 
of the children of the state for all time to come—a work that 
positively controls the destinies of the state, upon which de- 
pends every other work—a service which the people in their 
individual capacity can never accomplish, and which, in their 
representative capacity on this floor, they at our hands now 
demand. They call upon us to devise the plan and ask to be 
taxed for its execution. 

Doubt and uncertainty may pervade the minds of members 
of the convention as to their duty with reference to the will 
and interest of the people on many, on most, other subjects, 
but on this I should think there could be no doubt. Certain I 
am, if other constituencies think as those do that I have the 
honor in part to represent, and whose wish upon this subject, 
especially, I am proud to express here, then we have unerring 
certainty as to the will of the people with reference to public 
schools. The free and intelligent citizens of Grant call on you 
through their representatives on this floor to incorporate in 
the fundamental law of the land a provision securing to them 
a certainty that proper and efficient instructors will be pro- 
cured to take charge of their public schools; that those schools 
be not provided for the education of the poor only, but that 
the children of the rich and the poor may there meet together 
without any other distinction than that which marks degrees 
of intellect, that they may each profit alike by their asso- 
ciations with the other, and in the exemplary conduct both as 
to morals and patriotism presented to them in the scientific in- 
structor of youth. Public schools in most of the states here- 
tofore have been a public calamity, a barrier to the general 
diffusion of knowledge, and they have greatly contributed to 


pita aa 


1846) THE CONSTITUTION OF 1846 575 
_ the perpetuity of distinctions which wealth tends to engender. 
_ They have been utterly unfit for the education of the children 


of freemen. Favored children of the wealthy have not been 
sent to them; the poor alone have been obliged to enter these 
miserable offsprings of selfish or unwise legislation and rely- 
ing on such resources alone, such only being within their grasp, 
too many have been compelled to enter upon the active scenes 
of life wanting not only the advantages of wealth, but (shame 
on the state that would have it so) lacking also the qualifica- 
tions of learning to almost every extent. 

Let me add, sir, in conclusion, that I trust such wrongs will 
not be perpetrated by the government of this young and rising 
state; that it is the first interest of the state to provide for the 
proper culture of those minds that are very soon to direct its 
destinies ; that the safety of the state and the perpetuity of our 
free institutions are absolutely dependent upon a faithful dis- 
charge of this duty, since, as ignorance and vassalage are in- 
separable, so are the liberties of the people and the perman- 
ency of our loved institutions dependent upon intelligence and 
virtue—Ezpress, Dec. 8, 1846. 


576 WISCONSIN HISTORICAL COLLECTIONS _ [Nov. 28 


SATURDAY, NOVEMBER 28, 1846 


Prayer by the Rev. Mr. McHugh. 

The journal of yesterday was read. 

Leave of absence was asked for and granted as follows, to wit: By 
Mr. Patch, for Mr. Manahan; by Mr. Burchard, for Mr. Edgerton; by 
Mr. Brown, for Mr. Phelps. 

Warren Chase, from the committee on miscellaneous provisions, re- 
ported No. 33, ‘‘ Article relative to dueling.’’ 


‘‘The committee on miscellaneous provisions, to whom was referred 
the resolution rendering duelists ineligible to office, report the follow- 
ing article which they recommend to form a part of the constitution: 

“Section 1. Any person who shall after the adoption of this con- 
stitution fight a duel or send a challenge for that purpose or be an 
aider or abetter in fighting a duel shall be ineligible to any office of 
trust, honor, or profit in this state, and may be punished in such other 
manner as shall be prescribed by law. 

W. CHASE 
J. D. Dory 
Davis BowrEn’’ 


Which was read the first and second times, referred to the commit- 
tee of the whole, and ordered printed. 

Mr. Beall, from the committee on schedule, reported No. 34, ‘‘Sched- 
ule,’’ which was read the first and second times, referred to the com- 
mittee of the whole, and ordered printed. 


SCHEDULE 


“‘Section 1. That no inconvenience may arise from a change of ter- 
ritorial to a permanent state government, it is declared that all rights, 
actions, prosecutions, claims, and contracts, as well of individuals as 
of bodies corporate shall continue as if no such change had taken 
place; and all process which may be issued under the authority of the 
territory of Wisconsin previous to its admission into the union of the 
United States shall be as valid as if issued in the name of the state. 

‘Section 2. All laws now in force in the territory of Wisconsin, 
which are not repugnant to this constitution, shall remain in force 
until they expire by their own limitations or be altered or repealed by 
the legislature. 

“Section 3. All fines, penalties, and forfeitures accruing to the ter- 
ritory of Wisconsin shall accrue to the use of the state. 

“*Section 4. All recognizances heretofore taken or which may be 
taken before the change of territorial to a permanent state government 


| ' 1846] THE CONSTITUTION OF 1846 577 


shall remain valid and shall pass over to and may be prosecuted in the 
name of the state; and all bonds executed to the governor of the ter- 
ritory or to any other officer or court in his or their official capacity 
shall pass over to the governor or state authority and their succes- 
sors in office for the uses therein respectively expressed, and may be 
sued for and recovered accordingly. All criminal prosecutions and 
penal actions which may have arisen or which may arise before the 
change from a territorial to a state government, and which shall then 
be pending, shall be prosecuted to judgment and execution in the name 
of the state. All actions at law and suits in equity which now are or 
may be pending in any of the courts of the territory of Wisconsin 
may be commenced in or transferred to any court of record of the 
state which shall have jurisdiction of the subject matter thereof. 

“Section 5. All officers, civil and military, now holding their offices 
under the authority of the United States or of the territory of Wis- 
consin shall commence on the first Monday of November next and 
they shall be superseded under the authority of the state. 

“Section 6. The first session of the legislature of the state of Wis- 
consin shall commence on the first Monday of November next, and 
shall be held at the city of Madison, which shall be and remain the 
seat of government until otherwise provided by law. 

“Section 7. All county and township officers shall continue to hold 
their respective offices unless removed by the competent authority, until 
the legislature shall, in conformity to the provisions of this constitu- 
tion, provide for the holding of elections to fill such offices respectively. 

“Section 8. The president of this convention shall immediately after 
its adjournment cause a fair copy of this constitution, together with 
an authenticated copy of the act of the legislature of this territory en- 
titled ‘An Act in relation to the formation of a state government in 
Wisconsin,’ approved January 31, 1846, providing for the calling of 
this convention, and also a copy of so much of the last census of this 
territory as exhibits the number of its free inhabitants, to be forwarded 
to the president of the United States, and the respectful request of 
this convention in behalf of the people of Wisconsin that all said mat- 
ters may be by him laid before the Congress of the United States at 
its present session. 

“‘Section 9. In case of the failure of the president of this convention 
to perform the duties prescribed by this constitution, by reason of his 
absence, death, or from any other cause, said duties shall be performed 
by the secretary of this convention. 

“Section 10. This constitution shall be submitted at an election 
to be held on the first Tuesday in April next, for ratification or rejec- 
tion, to all persons who shall then have the qualifications of electors for 
delegates to this convention. And if the same be ratified by the said 
electors, it shall become the constitution of the state of Wisconsin. On 
such of the ballots as are for the constitution shall be written or printed 
the word ‘Yes’ and on those which are against the ratification of the 
constitution, the word ‘No’. The election shall be conducted in the 
manner now prescribed by law, and the returns made by the clerks of 


37 


578 WISCONSIN HISTORICAL COLLECTIONS _ [Nov. 28 


the boards of supervisors or county commissioners (as the case may be) ~ 
to the president of this convention at any time before the first day of © 
July next. And in the event of the ratification of this constitution by 
a majority of all the votes given, it shall be the duty of the president — 
of this convention to make proclamation of the same, and to communi- 
cate a digest of the returns to the senate and house of representatives 
of the state on the first day of their session. The president shall also 
issue writs to the proper authorities in the several counties, requiring — 
them to cause an election to be held on the first Monday in September ~ 
next for governor, lieutenant governor, secretary of state, treasurer, 
attorney general, members of the state legislature, and for all officers — 
who are elective under this constitution, except judges. 

‘Section 11. Two members of Congress shall also be elected on the © 
first Monday in September next, and until the first enumeration and — 
apportionment shall be made as directed by this constitution the coun- 
ties of Brown, Manitowoc, Calumet, Fond du Lac, Sheboygan, Mar- © 
quette, Columbia, Portage, Dodge, Washington, Dane, Jefferson, Wau- 
kesha, Milwaukee, and Sauk shall constitute the first_ congressional dis- : 
trict, and elect one member; and the counties of Racine, Walworth, | 
Rock, Green, Iowa, Grant, Crawford, Chippewa, La Pointe, Richland, — 
and St. Croix shall constitute the second congressional district, and ~ 
shall elect one member. 

‘“Section 12. The first election of judges of the supreme and circuit 
court shall be held on the second Monday of October next, and the pres- 
ident of the convention shall issue writs to the proper authorities in the 
several counties and districts requiring such election to be held on the 
day aforesaid in their respective counties and districts. 

‘‘Section 13. The several elections provided for in this article shall 
be conducted according to the existing laws of this territory; and the 
returns (except for township and county officers) shall be certified 
and transmitted to the speaker of the house of representatives, at the 
seat of government, in such time that they may be received on the first 
Monday of November next; and as soon as the legislature shall be or- 
ganized the speaker of the house of representatives and the president ~ 
of the senate shall, in presence of both houses, examine the returns 
and declare who are duly elected to fill the several offices hereinbefore 
mentioned. 

“‘Section 14. The oaths of office may be administered by any judge 
or justice of the peace until the legislature shall otherwise direct. 


S. W. Beaty, Chairman.”’ 


Mr. Baker, from the committee on the organization and functions 
of the judiciary, reported No. 35, ‘‘ Article on the common law.”’ 


‘‘The committee on the organization and functions of the judiciary, 
to whom the subject was referred, respectfully report the following, 
and recommend its adoption, and that it be embraced in substance in 
the schedule to the constitution, to wit: 


1846] THE CONSTITUTION OF 1846 579 


“Such parts of the common law as have hitherto been in use in the 
territory of Wisconsin, not inconsistent with this constitution, and the 
statute laws which may be in force shall be and continue part of the 
law of this state, until altered or suspended by the legislature. 

“*Respectfully submitted, 
C. M. Baxsr, Chairman’’ 


Which was read the first and second times and referred to the same 
committee of the whole which shall have in charge No. 34, “*Schedule,”’ 
and ordered to be printed with said schedule. 

Mr. Baker, from the same committee to whom had been recommitted 


No. 13, ‘“‘ [Article] on the organization and functions of the judiciary,’’ 


reported the same back with amendments. 

_ Mr. [Marshall M.] Strong, from the committee on engrossment, re- 
ported No. 3, ‘‘ Article on eminent domain and property of the state,’’ 
and No. 11, ‘‘Article relative to the act of Congress for the admission 
of the state,’’ as correctly engrossed. 

The resolution introduced by Mr. Noggle on the twenty-fourth in- 
stant, relative to amending the rules, was taken up, when Mr. Noggle, 
by leave, withdrew the same. 

The resolution introduced by Marshall M. Strong on the twenty- 
sixth instant, relative to amending the rules, was taken up. And the 
pending question being on the amendment of Mr. Baker, Mr. Baker 
moved to fill the blank with ‘‘twenty-five.’’ 

A. Hyatt Smith moved to fill the blank with “‘a majority of the.’’ 
And the question having been put on the amendment of A. Hyatt 
Smith, it was decided in the negative. And a division having been 
called for, there were 34 in the affirmative and 39 in the negative. 

Mr. Lovell moved to fill the blank with the words ‘‘a majority of 
the members present.’’ And pending the question thereon, the morn- 
ing hour having expired, Mr. Burchard moved a suspension of the 
rules for the consideration of the said resolution now. And the ques- 
tion having been put, it was decided in the negative. And the ayes 
and noes having been called for and ordered, those who voted in the 
affirmative were [affirmative 43, negative 48; for the vote see Appendix 
I, roll call 163]. 

No. 16, ‘‘Article on municipal corporations,’’ was taken up. And 
the question being on filling the blank therein, Mr. Tweedy moved that 
the blank be filled with ‘‘ten.’’ 

Moses M. Strong moved that the blank be filled with ‘‘one,’? when 
Asa Kinne moved the previous question, which was ordered. And the 
question having been put, ‘‘Shall the main question be now put?’’ it 
was decided in the affirmative. 

And the question was then put on filling the blank with ‘‘ten’’ and 
was decided in the affirmative. 

The question was then put on the passage of the said article and ° 
was decided in the negative. And the ayes and noes having been called 
for and ordered, those who voted in the affirmative were [affirmative 
19, negative 66; for the vote see Appendix I, roll call 164]. 

So the article was rejected. 


580 WISCONSIN HISTORICAL COLLECTIONS  [Nov. 28 


The article on municipal corporations was then read a third 


time and the question being on filling the blank, Mr. Tweedy — 


moved to fill, so as to allow no corporations to contract debts 
to exceed ten per cent on assessed property. 

Moses M. Strong proposed one. He didn’t like to have these 
incorporations at liberty to run into debt, anyhow. 

Mr. Tweedy reminded gentlemen that this article did not 
confer new powers on corporations but only put restrictions on 
the legislature. 

Mr. Baird should vote against the entire article. He did not 
consider it just in its operation. 

Mr. Bevans found that the article was more objectionable 
than he had supposed. He felt obliged to oppose it, though 
with the greatest respect for the gentleman who introduced it. 

Mr. Tweedy—The gentleman needn’t forbear on my account. 
I shall vote against the article myself on account of the amend- 
ment (Marshall M. Strong’s). 

The question was then taken on filling the blank, and ten was 
inserted. And on the final passage there were [affirmative 19, 
negative 66; roll call No. 164].—Eapress, Dec. 1, 1846. 


No. 3, ‘‘Article on eminent domain and property of the state,’’ was 
read the third time. And the question having been put on the passage 
of the same, it was decided in the affirmative. And the ayes and noes 
being required by the rules, those who voted in the affirmative were 
[affirmative 73, negative 10; for the vote see Appendix I, roll call 165]. 

No. 17, ‘‘ Article on boundary and name of the state,’? was read a 
third time, when Mr. Ryan moved that the further consideration there- 
of be postponed until Monday next. And pending the question there- 
on Mr. Holeombe moved that the convention take a recess until two 
o’clock, P. M. which was agreed to. 


TWO O’CLOCK, P. M. 


No. 13, ‘‘ Article on the organization and functions of the judiciary,”’ 
was taken up, when Marshall M. Strong moved that the secretary be 
directed to make a fair copy of the same, as amended in the committee 
of the whole, which was agreed to. 

No. 17, ‘‘ Article on the name and boundaries of the state,’’ was taken 
up, when Mr. Ryan moved that the same be recommitted to the com- 
mittee on the name and boundaries of the state, with instructions to 
report the northwestern boundary of this state on the dividing line 
between the United States and Great Britain. 


ele 


THE CONSTITUTION OF 1846 581 


_ Mr. Holcombe moved to amend the motion by adding “* Provided, 
‘Tha Congress be requested to change the northwest boundary and 
assent thereto so as to adopt the report of the select committee to in- 
_ quire into the expediency and locating a line to divide the territory 
of Wisconsin into two states, viz., commencing at the head waters of 
the Montreal River as marked by Captain Cram, thence southwesterly 
to a point a half degree due north to the highest peak on Mountain 
‘Island, on the Mississippi River, then due south over said Mountain 
Island to the center of the channel of the Mississippi River.” 

And the question having been put on said amendment, it was de- 
 eided in the negative. And the ayes and noes having been called for 
and ordered, those who voted in the affirmative were [affirmative 29, 
negative 51; for the vote see Appendix I, roll call 166]. 

__ The question then recurred on the motion of Mr. Ryan. And having 
__ been put, it was decided in the negative. And the ayes and noes hav- 
ing been called for and ordered, those who voted in the affirmative were 
[affirmative 21, negative 64; for the vote see Appendix I, roll call 167]. 

Mr. Holcombe moved to amend the article by inserting before the 
_ proviso in the first section, as follows: ‘‘Provided, That Congress shall 
be requested so to alter the northwestern boundary of Wisconsin as 
_ described in the act of August 6, 1846, as to run from the head wa- 
ters of Montreal River, where the line marked by Captain Cram first 
touches said headwaters, southwesterly to a point a half degree due 
north to the highest peak on Mountain Island; thence due south over 
said highest peak to the channel of the Mississippi River.” 

Moses M. Strong moved to amend the amendment by submitting 
[substituting] the following: ‘‘Insert before the proviso in the first 
section the following: ‘Provided, however, That the following altera- 
tion of the aforesaid boundary be and hereby is proposed to the Con- 
gress of the United States as the preference of the state of Wiscon- 
sin; and if the same shall be assented and agreed to by the Congress 
of the United States, then the same shall be and forever remain obliga- 
tory upon the state of Wisconsin, viz., leaving the aforesaid boundary 
line at the headwaters of the Montreal River, as marked upon the sur- 
vey made by Captain Cram, and running thence in a southwesterly 
course to a point thirty-five miles due north of the highest peak on 
Mountain Island, on the Mississippi River; thence due south over said 
Mountain Island to the center of the channel of the Mississippi River; 
thence down the center of the main channel of that river, as prescribed 
in the aforesaid boundary.’ ’’ 

Mr. Holcombe accepted the amendment as a substitute for the amend- 

ment proposed by him. 

_ he question was then put on adopting the said amendment and 
was decided in the affirmative. And the ayes and noes having been 
ealled for and ordered, those who voted in the affirmative were [affirm- 
ative 49, negative 37; for the vote see Appendix I, roll call 168}. 

Mr. Elmore moved to reconsider the vote by which the amendment 
of Moses M. Strong was adopted. 

Mr. Gray moved a call of the convention, which was seconded, when 
on motion of Marshall M. Strong the convention adjourned. 


582 WISCONSIN HISTORICAL COLLECTIONS  [nov. 28 


When [two o’clock] the article on boundaries, postponed 
yesterday, came up, the question being on the motion of Mr. 
Ryan to commit, with instructions to report as a northern 
boundary the line between this country and Great Britain. 

Mr. Doty understood this to be the point of difference— 
whether we would utterly refuse compliance with the act of 
Congress and the boundaries there prescribed and set up our 
right to the entire territory or would accept the act of Congress 
for the sake of gaining admission to the Union, at the same 
time declaring our right to the whole country according to the 
limits of the Ordinance of ’87, which latter he considered suffi- 
ciently done in the original report. 

Mr. Holcombe moved to amend by instructing the committee 
to report the line of division offered by him. 

Mr. Ryan was sorry the gentleman would not allow a distinct 
vote to be taken on his proposition. 

Mr. Tweedy thought it did not interfere with Mr. Ryan’s 
proposition. He should vote for the division proposed by the 
gentleman from St. Croix (Mr. Holcombe) and that failing, 
for the line in the proposition of the gentleman from Racine 
(Mr. Ryan). 

The amendment of Mr. Holcombe was then lost, ayes 29, noes 
51. 

Mr. Ryan’s proposition also failed, ayes 21, noes 64. 

Mr. Holcombe then presented his proposition in the shape 
of a proviso, so as not absolutely to refuse the provisions of 
the act of Congress—wishing, he said, to get a direct vote on 
the merits of this proposition. He stood here, he said, at the 
mercy of this convention, claiming it as a matter of right that 
those counties so separated from the settled portion of the 
state as to be entirely removed from the benefits of the state 
government be set off from it. 

Mr. Tweedy had supposed from out-of-door conversation 
that gentlemen were nearly unanimous in favor of this division. 
He had been much surprised at the vote just taken. Who, he 
asked, has answered the argument of the gentleman from St. 
Croix on the right? What, said he, is the object of govern- 
ment? To cover territory, or to protect men? He thought 
that a government so organized that a portion of its people 


1846] THE CONSTITUTION OF 1846 583 


could not share the good was not a government to them. If 


it can be made to appear, said he, as he thought the gentle- 
man from St. Croix had made it appear, that there are three 


organized counties separated from us by an impassable desert, 
it was tyranny to compel them to act with us. They cannot 
be in this state; they would be attached—that is the word, said 
he—attached to the state of Wisconsin for state purposes. 
Said he, if I lived at St. Croix and should come before this con- 
vention or before Congress asking to be set off, I should think 
it extremely hard in them not to grant my request. Gentlemen, 
said he, seem to talk as if we were giving away a vast tract of 
land which we held in fee simple, the profits of which we might 
pocket. He would like to have any gentleman show how it was 
to be any profit to us to keep that portion. There is, said he, 
no advantage in annexing different portions of territory un- 
less they are so situated as to be a mutual benefit. If any man 
eould show that country so situated as to aid us, then, said he, 
there would be some force in their argument; but, said he, 
there can be no sort of personal, pecuniary, nor state interest 
in getting that country. If there is any wealth of soil or of 
mineral then it will belong to the owners, not to us. It is not 
the same with sister states as with different nations, said he; 
they will have the same general interest with us in the general 
government. As he could see no force in the arguments of gen- 
tlemen for keeping that territory, and as he was informed that 
the proposed boundary was a natural barrier between the two 
parts of the country, and as that division would probably al- 
low the formation of another state on the north in one-third 
of the time the boundary proposed by Congress would, he 
should support the line of the gentleman from St. Croix (Mr. 
Holcombe). 

Mr. Brace spoke in opposition to the division line. 

Mr. Holcombe, on suggestion, amended his proposition so 
as to make it binding on the state to recognize this as the boun- 
dary in case Congress should grant us the line we had pre- 
ferred. 

The question was taken and the vote stood on the proposi- 
tion, ayes 49, noes 38. 

The convention adjourned.—Ezpress, Dee. 1, 1846. 


584 WISCONSIN HISTORICAL COLLECTIONS  [Nov. 30 


Monpay, NoveMBER 30, 1846 


Prayer by the Rev. Mr. Miner. 

The journal of yesterday [Saturday] was read. 

Mr. Kellogg introduced the following resolution, which was read, to 
wit: ‘‘Resolved, That in the judgment of the convention the principle 
contained in the sixth section of the bank article is of the most vital 
importance; but to prevent any apprehension that may be entertained 
of its operating unfavorably as to the adoption of the constitution by 
the people it is expedient to strike it out of the bank article.’’ 

Marshall M. Strong, from the committee on engrossment, reported 
No. 2, ‘‘Resolution relative to colored suffrage,’’ as correctly engrossed. 

Mr. Baker in pursuance of previous notice moved that the vote by 
which the convention adopted the resolution for the adjournment of 
the convention on Tuesday, the first day of December next, be recon- 
sidered. And the question having been put, it was decided in the 
affirmative. And the ayes and noes having been called for and ordered, 


those who voted in the affirmative were [affirmative 74, negative 19; _ 


for the vote see Appendix J, roll call 169]. 

Moses M. Strong moved to amend the said resolution by striking out 
‘‘Tuesday, the first’’ and inserting the words ‘‘Wednesday, the sec- 
ond.’’ And pending the question thereon, Marshall M. Strong moved 
that the said resolution be laid upon the table. And the question hav- 
ing been put, it was decided in the affirmative. And the ayes and noes 
having been called for and ordered, those who voted in the affirmative 
were [affirmative 71, negative 23; for the vote see Appendix I, roll 
eall 170]. 

Mr. Reed introduced the following resolution, which was read, to 
wit: ‘‘Resolved, That a committee of nine be appointed by the pres- 
ident to report what change, if any, should be made in the provisions 
of article No. 1, ‘On banks and banking.’ ’’ 

The resolution introduced by Marshall M. Strong on the twenty- 
sixth instant, relative to amending the standing rules, was taken up, 
when Mr. Willard moved that the same be laid upon the table. [And 
the question having been put] it was decided in the negative. And 
the ayes and noes having been called for and ordered, those who voted 
in the affirmative were [affirmative 46, negative 51; for the vote see 
Appendix I, roll eall 171]. 

Mr. Reed moved that the further consideration of said resolution be 
postponed until Thursday next. 

Moses M. Strong moved to amend the motion by striking out the 
word ‘‘Thursday’’ and inserting the word ‘‘Monday,’’ which was dis- 
agreed to. 

Mr. Lovell moved to amend the motion by striking out the word 
‘‘Thursday’’ and inserting the words ‘‘when the committee on re 

vision make their report,’’ which was agreed to. 


: 


18467 THE CONSTITUTION OF 1846 585 


The motion as amended was then agreed to. 

Mr. Goodell introduced the following resolution, which was read, to 
wit ‘‘Resolved, That this convention adjourn on Monday, December 
seventh, 1846.’’ 

The resolution introduced by Wm. R. Smith on the twenty-seventh 
instant, relative to printing the journals, ete., was taken up, when Wm. 
R. Smith moved that the said article be passed informally and be 
printed, which was agreed to. 

The resolution introduced by Mr. Judd on the twenty-sixth instant, 
relative to restrictions upon trade, was taken up, when Mr. Ryan moved 
that the same be laid upon the table, which was agreed to. 

The resolution introduced by Hiram Barber on the twenty-sixth in- 
stant, relative to a separate submission to the people of the article on 
banks and banking, was taken up, when Hiram Barber moved that 
the further consideration thereof be postponed until the committee on 
revision shall have made their report. And pending the question there- 
on, Mr. Whiteside moved that the same be laid upon the table. And 
the question having been put, it was decided in the affirmative. And 
the ayes and noes having been called for and ordered, those who voted 
in the affirmative were [affirmative 55, negative 48; for the vote see 
Appendix I, roll call 172]. 

No. 2, ‘‘Resolution relative to colored suffrage,’’ was read the third 
time. And the question having been put on the passage of the said 
article, it was decided in the affirmative. And the ayes and noes being 
required by the rules, those who voted in the affirmative were [affirma- 
tive 53, negative 46; for the vote see Appendix I, roll call 173]. 

So the article passed. 

Mr. Vineyard gave notice that on some future day he would move 4 
[re]consideration of the vote by which the article on colored suffrage 
was passed. 

Mr. Parks moved that the vote on the passage of said article be re- 
considered. 

Mr. Gray moved a call of the convention, which was ordered. 

Moses M. Strong moved that all further proceedings under the call 
be dispensed with, which was agreed to. 

Mr. Parks, by leave, withdrew his motion. 

No. 13, ‘‘ Article on the organization and functions of the judiciary,”’ 
was taken up. And the question being on concurring in the amend- 
ments of the committee thereto, and a division of the question having 
been called for, and the question having been put on concurring in 
the first amendment of the committee, which was to amend the six- 
teenth section by striking out the words ‘‘and shall have power to 
establish inferior courts in the several counties, with limited civil and 
criminal jurisdiction,’’ and adding the said paragraph to the second 
section, it was decided in the affirmative. 

The question was then put on concurring in the second amendment 
ef the committee, which was to insert between the words ‘‘majority’’ 


and “‘shall,’’ in the fifth line of the fourth section, the words ‘‘of the 


586 WISCONSIN HISTORICAL COLLECTIONS _ [Nov. 30 


judges present,’’ and also to strike out all after the word ‘*decision,’’ 
in the sixth line of the same section, and was decided in the affirmative. 

The question was then put on concurring in the third amendment 
of the committee, which was to strike out of section 7 the word “*be”’ 
in the fourth line, and insert in lieu thereof the words ‘‘have been’’; 
and add to said section as follows, to wit: ‘‘One of said judges shall be 
designated as chief justice, in such manner as the legislature shall pro- 
vide,’’ and was decided in the affirmative. 

The question was then put on concurring in the fourth amendment 
which was to insert between the words ‘‘of’’ and ‘‘judge,’’ in the 
ninth section, the words ‘‘a supreme or circuit,’’ and also to insert 
after the word ‘‘judge,’’ in said section, the words ‘‘of the supreme 
or circuit court,’? and was decided in the affirmative. 

The question having been put on concurring in the fifth amendment, 
which was to insert between the words ‘‘year’’ and ‘‘preceding,’’ in the 
thirteenth section, the word ‘‘next,’’ and to strike out the words ‘‘the 
same,’’ where they occur after the word ‘‘deposit,’’ and insert in lieu 
thereof the words ‘‘such statement,’’ and to strike out the word ‘‘bond’”’ 
in the thirteenth line of said section and insert the word ‘‘security’’ in 
lieu thereof, also to insert the word ‘‘shall’’ between the words ‘‘and’”’ 
and ‘‘give’’ in the same line, and also to strike out the word “‘shall”’ 
between the words ‘‘he’’ and ‘‘in’’ in the same line, and insert the 
word ‘‘may’’ in lieu thereof, and strike out the word ‘‘receive,’’ in 
the same sentence, and insert the word ‘‘demand,’’ it was decided in 
the affirmative. 

The question then being on concurring in the sixth amendment of 
the committee, which was to strike out the twenty-second section, Mr. 
Dennis moved to amend the amendment by adding, ‘‘and insert as 
follows: ‘Any suitor in any court of this state shall have the right to 
prosecute and [or] defend his suit either in his own proper person or 
by an attorney or agent of his own choice.’’’ And the question having 
been put, it was decided in the affirmative. And a division having 
been called for, there were 44 in the affirmative and 14 in the negative. 

The question was then put on concurring in the said amendment as 
amended and was decided in the affirmative. 

And the ayes and noes having been called for and ordered, those who 
voted in the affirmative were [affirmative 57, negative 28; for the vote 
see Appendix I, roll call 174]. 

Mr. Beall moved to amend the tenth section by striking out the word 
‘of’? next preceding the -words ‘‘$1500,’’ and insert [ing] in lieu there- 
of the words ‘‘not exceeding.’’ And the question having been put, it 
was decided in the negative. And the ayes and noes having been called 
for and ordered, those who voted in the affirmative were [affirmative 
36, negative 45; for the vote see Appendix I, roll call 175]. 

Mr. Burt moved to amend the said article by striking out all in the 
first line of section 17 between the words ‘‘be’’ and ‘‘who’’ and in- 
sert[ing] the words ‘‘appointed a judge by the nomination of the gov- 
ernor and the confirmation of the senate’’; and in the second line strike 
[by striking] out the word ‘‘chosen’’ and insert[ing] in lieu thereof 


THE CONSTITUTION OF 1846 587 


word “‘appointed”’; also strike [by striking] out the word 
ded,” where it cecars in the sceond and third lines, and insert the 
| “appointed.” 

al the question having been put, it was decided im the negative. 
i the ayes and noes having been called for and ordered, those who 
2 | in the affirmative were [affirmative 9, negative 85; for the vote 
Appendi: I, roll eall 176]. 


Mr. Burt then offered an amendment to insert “‘appointed 
the governor and senate”’ in place of “‘elected by the elee- 
Fs,” wherever they occur. 
Mr. Baird didn’t propose to go into the argument, but he 
It it the duty of every man to give his views on this important 
y His objections were mainly these: First. The elec 
ye system is an experiment for the most part untried. Sec 
9 oi - On account of the population of our territory—those be- 
ing made electors by the suffrage article whom he did not think 
ufheiently acquainted to make a proper selection. Third He 
red the judges would be elected om party grounds. He 
bd the judiciary to be really independent of both the exee- 
"a ye and the people. He wished no truckling to party. These, 
he said, im all candor, are the reasons that would influence ti 
as Keyan then said he thought there were evils in both sys 
tems. He didn’t like the proposition now before the conven- 
fion, but at a proper time would offer one he had prepared 
Which seemed to him to meet more of the objections to the ap- 
mting system than any he had seen. It was as follows: To 
fecommit fo the judiciary committee with instructions to re- 
port on the following principles: First. The judges of the 
Supreme court shall be appointed by the governor, with the 
consent of three-fourths of the senate. Second. The first five 
yudzes to be appointed severally for one, two, three, four, and 
fs years and all vacancies to be filled for the unexpired term 
of the judge who has vacated. Third All future judges to 
he appointed for five years. Fourth When the term of any 
jud ige is about expiring the governor shall give notice there- 
of f to the senate, whereupon the senate shall take 2 vote on his 
contint anee and if three-fourths of that body shall vote for 
the continuance of the incumbent, he shall be continued. Fifth. 


588 WISCONSIN HISTORICAL COLLECTIONS _ [Nov. 30 


No judge shall be eligible or appointed to any other office dur- 


ing the term for which he is appointed. 


J. Y. Smith was himself opposed to the elective mode; he 


had written against it, but he did not consider it a matter of 
such vital importance as some gentlemen did. He had said 
that he would be governed by the wishes of his constituents. 
He thought their wish to be for an elective judiciary; he should 
therefore vote for it in opposition to his own views. 

Mr. Gibson felt at liberty to act his own judgment in refer- 
ence to the judiciary question from the fact that he had never 
heard an individual in the county of Fond du Lac express him- 
self either in favor of or opposed to the elective system and 
did not suppose there was any feeling among his constituents 
in reference to this question. He had formed an opinion be- 
fore he came into this convention favorable to an elective judi- 
ciary, and that opinion remained unchanged. He believed that 
the people were capable of self-government—that the nearer 
the officeholder was brought to the people the better, and that 
they (the people) are or ought to be the source of all political 
power. He had no fears that the foreigner would be any more 
likely to vote for an incompetent person to fill the office of 
judge than would the native citizen, for not only the native but 
the adopted citizen would take into consideration that he was 
voting for an officer that might be called to sit in judgment not 
only over his property, but perhaps his life. He preferred the 


elective system to the old mode of appointing by the governor 


and senate. He had resided in the state of New York, where 
the judges were appointed—he knew by observation something 
of its operations. It was a notorious fact that a few politi- 
cians at the different county seats formed themselves into a 
kind of regency for the purpose of watching over the interests, 
or more particularly the offices of the people, and whenever the 
office of judge became vacant a few ‘‘wire workers’’ were 
ealled together, and upon their recommendation to the execu- 
tive some ‘‘brawling’’ politician received the appointment, 
while the people had no voice in the selection of their own 
judges. He had known judges to procure their appointments 
in this manner when in all probability they could not have re- 


| 


1846] THE CONSTITUTION OF 1846 589 


ceived the votes of one-third of the people for the same office, 
and he believed that we would have better judges if we adopted 
_ the elective than we should under the appointing system. 

f The question was then taken on Mr. Burt’s amendment, 
_ which was lost.—Ezpress, Dec. 8, 1846. 

. 


___ - Mr. Ryan moved that the said article be recommitted to the judiciary 
 eommittee, with instructions to report an amendment upon the follow- 
ing principles: 

First. The judges of the supreme court to be appointed by the 
governor, by and with the consent of three-fourths of the senate. 

Second. The first five judges to be severally appointed for one, two, 
three, four, and five years; all appointments to fill vacancies to be for 
the unexpired term of the judge vacating the office. 

Third. All future appointments to be for five years. 

Fourth. When the term of a judge is about expiring, the governor 
to notify the senate; whereupon the senate shall take a vote upon the 
continuance of such judge for a new term; if three-fourths vote for 
such continuance, the judge shall so continue in office another term; 
if not, the governor shall nominate his successor. 

Fifth. No judge to be eligible to any office, except judicial, for the 
term for which he is appointed judge. 

And pending the question thereon, on motion of Mr. Tweedy the 
convention took a recess until two o’clock, P. M. 


TWO O'CLOCK, P. M. 


No. 13, ‘‘ Article on the organization and functions of the judiciary,” 
was taken up. And the pending question being the motion of Mr. 
Ryan to recommit the said article with instructions, and the question 
having been put, it was decided in the negative. And the ayes and 
noes having been called for and ordered, those who voted in the affirma- 
tive were [affirmative 20, negative 78; for the vote see Appendix I, 
roll call 177]. 

Mr. Lovell moved to amend the said article by striking out the sev- 
enth section and inserting as follows: 

“Section 7. There shall be chosen by the qualified electors of the 
state five judges, who shall be judges of the supreme and circuit courts, 
and shall hold their offices for the term of five years and until their 
successors are chosen and qualified; and when elected they shall sever- 
ally reside in the circuits which shall be designated for them by law.” 

And the question having been put, it was decided in the negative. 
And the ayes and noes having been called for and ordered, those who 
voted in the affirmative were [affirmative 27, negative 69; for the vote 
see Appendix I, roll call 178]. 

Mr. Lovell moved to amend by striking out the twelfth section of 
said article, which was disagreed to. 

_ The said article was then ordered to be engrossed for its third read- 
ing. 


590 WISCONSIN HISTORICAL COLLECTIONS _ [nov. 30 t 


TWO O’CLOCK, P. M. 


Mr. R[yan] defended his amendment at great length. 

Geo. B. Smith spoke in opposition. 

Mr. Tweedy agreed with Mr. Ryan entirely in his argument 
and amendment for an appointive system. 

Mr. Bevans should not vote for the article unless he could 
satisfactorily to his own mind answer all the arguments of the 
gentlemen from Racine and Milwaukee; but he must believe 
them mistaken. The power to prescribe, to execute, and to 
adjudicate laws is in the people; and that they act by proxy 
does not destroy the principle. There was no reason why the 
judiciary should be taken from the people, rather than the 
executive and legislative power. The whole is a question of 
expediency. Good judges have not always been given to the 
people by the appointive principle; and the probability of get- 
ting good judges was just as certain as if they were appointed. 
Men will not inquire whether a judge has yielded to the popu- 
lar breeze, but whether he has stood erect in spite of the popu- 
lar will. 

H. Barber did not believe the argument was unanswerable 
and averred that he could not agree that the judge would be 
governed by the will of the people; but he would be governed 
by the right of the case none the less for being elected.—Argus, 
Dec. 8, 1846. 


ELECTIVE JUDICIARY 
(Speech of Mr. Ryan, in convention, November 30, 1846) 


Mr. Ryan said that he had not voted for the amendment for 
simple appointment; he could not do it; he knew too well all 
the evils of the old system. He was opposed to election; he 
was also opposed to simple appointment on the old plan. Much 
reflection on the difficulties of both plans had led his mind to 
the principles embodied in his present proposition. This 
proposition avoiding altogether the difficulties of election 
seemed to him to avoid also all the objections of weight to the 


THE CONSTITUTION OF 1846 591 


system of appointment. He therefore moved to recommit 
with instructions to report an amendment on the following 
principles: 

First. The judges to be appointed by the governor, with 
the consent of three-fourths of the senate. Second. The first 
five judges to be severally appointed for terms of one, two, 
three, four, and five years, and all appointments to fill vacancies 
to be for the unexpired term of the judge vacating the office. 
Third. All future judges to be appointed for five years. 
Fourth. When the term of a judge shall be about to expire, 
the governor to notify the senate; whereupon the senate shall 
take a vote upon the judge’s continuance in office; and if three- 
fourths vote for his continuance, he shall hold the office for a 
new term; if not, the governor shall appoint his successor. 
Fifth. No judge to be eligible to any office, except judicial, 
for the full term of his appointment. 

Mr. Ryan said that at this late period of the session, when 
all were so anxious to bring their labors to a close, and on a 
question, too, on which, however great his faith, he had no 
hope, he was very reluctant to occupy the time of the conven- 
tion. He was chiefly anxious to explain his views because 
there seemed to be a feeling to some extent that no Democrat 
can dissent openly from the elective system. Still, although 
he proposed to confine himself rather to define the main prin- 
ciples on which he rested his proposition than to argue the 
various questions arising upon it, if the house should mani- 
fest any indisposition to hear him, he would resume his seat 
and leave his proposition to speak for itself in the minds of 
members and in the experience of the future. 

After pausing a few moments Mr. Ryan proceeded— 

Well, sir, I thank the convention, and in return I shall en- 
deavor to be as brief as a fair exposition of my views will 
permit me to be. 

Since the question of the election of the higher judges by the 
people has been the subject of serious and general considera- 
tion, it has ever been to me a subject of deep attention and in- 
terest, and I have given to it much and earnest thought. I 
have brought to bear upon it all the lights of reading, experi- 


592 WISCONSIN HISTORICAL COLLECTIONS _ [Nov. 30_ 


ence, and reflection within my power, and, sir, I have been un- 
able to satisfy my mind that the experiment will work well. 
Sir, if I approached this subject with any prejudice, it was 
prejudice in favor of it. I believe in man; I believe in his full 
capacity for self-government—and in our system; I believe and 
have ever believed in bringing all government into the direct 
power of the people as far as it is practicable to bring it. In 
regard to political offices I have ever believed it to be essential 
to the theory of our system that the choice should be directly 
with the people; without this our system has no vitality; and 
there are many political agents otherwise chosen, as the United 
States senators, who should in my judgment be chosen by the 
people themselves, without any intermediate machinery; the 
present mode is a solecism in our system. So, sir, as regards 
administrative offices and offices not strictly political. I have 
ever believed that where no serious weight of objection having 
regard to the functions of the office intervenes, the direct choice 
should be with the people. Sir, I believe in the people as firmly 
as the most decided advocate, here or elsewhere, of an elective 
judiciary. With these views I approached the subject; and the 
more I have studied it, the more carefully I have examined it, 
the more lights I have brought to bear upon it, the more I doubt 
that the election of the higher judges by the people will work 
safely or well. 

I have heard it and read it, here and elsewhere, that the 
principles on which our system of government is founded re- 
quired the election of the judges by the people. If so, let me 
pause; for then am I, too, an elective man. Sir, I think I un- 
derstand something of the holy human theory on which this 
system of ours rests; the democratic principle is my religion, 
and wherever it leads me will I go; to whatever conclusion it 
may carry me, however startling, however strange, I will fol- 
low it unflinchingly, with firm step and steady mind, for it is 
the guiding star of my faith, and can never mislead me, can 
never betray me. But, sir, I must know of my own mind that 
it does lead me to this; the more devoutly I worship its guiding 
light, the more certainly must my eye be assured of its pres- 
ence; until I be so assured, I will follow no step; no ignus 


THE CONSTITUTION OF 1846 593 


_L have walked and will walk to my grave. 


Let me then first resolve this question, Do the principles of 


our system require this thing here proposed to us? It has 
_ been said that our government is a democracy. This is not so. 
_A pure democracy has not existed in modern times—cannot 


exist in a large state; perhaps it has strictly never existed, 
never can exist out of the natural state. In a pure democracy 


_ the people, the whole aggregate people, of their own right, in 


their mere original capacity as a people, without any inter- 


mediate agency, retain and exercise all the functions of govern- 
ment. Ancient history gives us examples of some quasi pure 
democracies ; but even in these, if my memory serves me, the 
judicial power was set apart, and the power of judgment was 
not a delegated power. But ours is not a pure democracy. It 
recognizes, it is founded upon the great democratic principle 
of man’s right and capacity to govern himself; but it is a rep- 
resentative, constitutional, republican government. In our 


_ System the people in their primary capacity exercise no func- 


tion of government; such an exercise, whatever it may have 
been, is now an idle dream of impossible systems. But our 
system recognizes the principle that the right of government 
is from the people and for the people and that all political 
power should come from them. This political power divides 
itself into the legislative and the elective; the judicial is not a 
political power in this sense. And as in our system we say 
that all political power belongs to the people, and as in our 
day it is impossible for the people aggregate to exercise it, we 
resort to the representative principle. The people unable to 
meet together to make laws choose a body of men to do so in 
their name; unable themselves to execute those laws when 
made, they choose some man or men to do so in their name. 
These men, so chosen, are the representatives of the people, 
legislative and executive, because they are chosen to represent 
in their respective offices the people, and to do their will—to 
speak and to do what of right belongs to the people to speak 
and to do, as the people themselves would speak and do if it 
were possible—to be, within certain limits which bind the peo- 


38 


594 WISCONSIN HISTORICAL COLLECTIONS _ [nov. 30 


ple themselves, the mere creatures of the popular will, the mere 
echoes of the popular voice. 

And the judiciary—is this so with it too? Would you have 
it, too, a mere echo of the popular judgment? Sir, disguise it 
as men may, that is the naked question. Sir, this is the ques- 
tion propounded by men who assume that the election of judges 
by the people is essential to the purity and consistency of our 
system. Sir, our system requires the election of the legisla- 
ture because the legislature is a mere agency to record the 
popular will. Sir, our system requires the election of the 
political executive because it is a mere agency to enact the 
public will; and men would have it, by their argument, that 
the judiciary, too, should be a mere echo of the popular judg- 
ment. 

This, sir, is the question to which they lead me: Is the judi- 
ciary, like the legislative and executive, representative? Must 
its judgments represent the will of the people? Varnish it as 
you will, that is the plain and simple question. No, sir! No, 
sir! God forever forbid it! Sir, the law should be the just 
will of the people; but the judiciary are not to make laws; they 
are to administer them in judgment. The law should be the 
just will of the people, but it should be administered accord- 
ing to no will, but according to truth and justice. 

The office of the judiciary is interpretation, and interpreta- 
tion cannot be a representative function. The principle of 
representative democracy does not apply to the judiciary; the 
judicial is not a representative function. If the executive and 
legislative offices are to work out the will of the people, it is 
well; let the people choose them, that they may represent their 
constituents, the people. This is right; it is the very order 
and beauty of our system. But the judiciary—what is that to 
represent? Who are its constituents? Sir, the judiciary rep- 
resents no man, no majority, no people. It represents the 
written law of the land; it represents the eternal principles 
of truth and justice; it holds the balance, and weighs right be- 
tween man and man, between the rich and the poor, between 
the weak and the powerful, between the stranger and the lord 
of the soil, between one man and many men, between the crim- 


1846] . THE CONSTITUTION OF 1846 595 


inal and the whole people; and woe be to it, if any influence 
of people or power touch the hesitating scale or sway the 
trembling balance. Truth, right, justice—these are the con- 
stituency of the judiciary; and woe to the land, woe to them 
who dwell in it, when they that sit on the judicial bench shall 
be responsible to other constituents, prince, or people; when 
they who sit in judgment on all that man holds dear—life, lib- 
erty, character, honor, the daily bread man prays for to his 
God, and the daily peace to eat it—shall represent any voice, 
save that voice in which God speaks in the consciences of all, 
their own deep and solemn convictions of right and truth. 
Away with the will of the people; away with the responsibil- 
ity of the representative. Let the judiciary stand on the eter- 
nal rock of right, unswayed by all the clamorous waves of 
opinion chafing its unconscious base—above all influences, 
above all representation—the representative of eternal and 
living truth. 

Then, sir, it is an idle fiction, a baseless plausibility to say 
that the principles of our representative government require 
the election of our judiciary by the people. 

Let us get our judiciary how we can; let us get its organi- 
zation in the safest plan; let us calmly examine all plans for 
the best. This is a question of expediency. No principle re- 
quires the election. 

As to the prevailing system of appointments, I admit that 
it has in it many and grave evils. If the naked choice were 
submitted to me, between simple election and simple appoint- 
ment, I know not how I should vote. The executive patron- 
age of the old system is bad; the virtual one-man power of 
choice is bad; the long terms which retain the efficient and the 
inefficient judge alike are bad; I admit it all. I admit all, too, 
which was said this forenoon by the gentleman from Fond du 
Lae (Mr. Gibson) of the dictation of cliques and caucuses to 
the appointing power, of the corrupt and corrupting influences 
which govern the recommendations of the local professional 
politicians; all this I have seen and do fully admit. But, 
sir, I do as well believe that all the objections used by the gen- 
tleman from Fond du Lac apply as strongly to the conven- 


596 WISCONSIN HISTORICAL COLLECTIONS _ [Nov. 30 


tions which nominate for election as to the caucuses which 
dictate for nomination—aye, sir, and apply more strongly, 
for while no one is responsible for the nomination of a con- 
vention, a governor and senate owe a deep responsibility for 
a bad and unworthy appointment. But I am not yet to speak 
of this. Iam to examine the working of the elective system. 

Sir, in this system it is not the people I distrust; it is the 
men who will limit the choice of the people to particular can- 
didates, who will virtually choose for the people; it is they I 
distrust. To some extent I will trust conventions and cau- 
éuses in politics because in politics they have a restraining 
and selfish regard for the public will. But in the administra- 
tion of public justice and in all that pertains to it I distrust 
the terrible caucus power. I apply here all that was said by 
the gentleman from Fond du Lac, all that has been urged in 
my hearing in doors of the corrupt political influences brought 
to bear upon the choice of judges. If the people could on the 
day of electing judges come to the polls unbiassed, unpledged, 
unsolicited, unlimited in their choice, without caucuses, with- 
out nominations, and cast their ballots for the free choice of 
their consciences, one great objection to the elective system 
would be gone—a minor, but still a great objection. But it 
will not be so. When the people come to the polls they will 
have a choice of candidates, but not a choice of judges. It will 
be a foregone conclusion of the politicians. Choose ye between 
our candidates—will be the entire freedom of choice left them 
by the politicians. And, sir, I admit as I admitted before that 
this evil of election exists also in the old system, but with a 
difference. , 

Tn the election there is no responsibility; none in the con- 
ventions, which of their very nature are unrecognized and ir- 
responsible bodies; none in the people for they are the power 
to whom all are responsible and who can owe no responsibility. 
But in the old system there is a terrible concentration of re- 
sponsibility ; no governor dare nominate a notoriously bad or 
incapable man; no governor could survive the careless nomi- 
nation of one who should prove a bad or incapable judge. Sir, 
I have seen this in the election of judges by the legislature; I 


1846] THE CONSTITUTION OF 1846 597 


have seen no responsibility resting on any one of a large body, 
for a choice, which would have destroyed the most popular 
governor that ever made an appointment. With this differ- 
ence of responsibility, I admit the equal application of this 
abuse to both systems; but this is an immense difference, a 
ponderous difference. Concentration of responsibility is a 
grand restraint. Look abroad and see the men who disgrace 
the halls of legislation, and say, if these men had been ap- 
pointed, could the appointing power survive. And yet there 
is no responsibility for the disgrace and evil they bring upon 
high offices. In political office this is an unavoidable evil. 

Sir, in this system it is not the people I distrust, but the 
judges to be chosen by the people; it is not the choice of the 
people so much, as the effect of the choice upon the judges. 
This objection combines with it the short terms of election. 
And this, sir, is my grand distrust of the elective system. 

In their admiration of this experiment men turn their backs 
upon the inevitable conclusion that election of judges for short 
terms will produce precisely the same effects upon the judges 
that the election of political officers for short terms produces 
upon them, will subject the judges to the same influences, will 
hold them to the same sense of responsibility to the public will, 
and that thus the virtue of the political system will become the 
vice of the judicial. Elected by the suffrages of the people, 
for a short term, with the hope of reélection or promotion, the 
political officer looks back forever upon his constituents, is in- 
quisitive of the popular sentiment, full of anxious regard for 
the popular will, feels the public pulse and counts his own 
healthy when it beats responsively to that. In political office 
this is right, this is admirable. It is the vitality of the repre- 
sentative system that the representative should thus forever 
look back from his own judgment to the will of his people, and 
thus anxiously ascertaining should faithfully execute the dele- 
gated will of those who chose him for his power and inclination 
to obey them. But that which is the vitality of political repre- 
sentation will be the corruption of the judiciary. Analagous 
things will produce analogous results. Man on the bench and 
man in political office are the same in nature, subject, if ex- 


598 WISCONSIN HISTORICAL COLLECTIONS _ [Nov. 30 


posed, to the same influences. What is true of political office 
will be true of the judicial office under the same system—the 
beauty of the one will be the deformity of the other. Elect the 
judges by the people, for short terms, with the hope of reélec- 
tion or promotion—sir, the judge will cease to be the repre- 
sentative of truth and right and justice alone; he will be the 
representative of the people and will represent the popular 
judgment, when there is one, not his own. He, too, will re- 
member who elected him and who must reélect him; he, too, 
will look back forever; he, too, will feel the public pulse; and, 
sitting on the seat of justice, her representative, he will look 
forth to mark the blowing of the popular breeze and will steer 
the course of public justice by the popular current. Sir, the 
the very theory of the political representative system is, that, 
chosen by the people for short term, the officer will have no 
will but their will, and apply the same system to the bench 
and the judge will never have a judgment against the popular 
judgment. Aye, sir, that is it; the representative of public 
justice will become the representative of the people, and will 
calculate influences and count majorities with any politician 
of the land. 

Do not let gentlemen seek to evade the force of this argu- 
ment by saying that I argue upon the depravity of man. I 
do not, but I argue upon a sufficient appreciation of the weak- 
ness of human nature and subjection to influence. Strength 
of character above influence is the rarest human attribute. 
Our nature is a weak one; all its evil comes of its weakness. 
We are not conscious of the influences which guide our con- 
duct, control our judgment, lead our affections. Our whole 
life is but a tale of unseen influences. And, sir, where there 
is one public man who obeys the public will by deliberate sur- 
render of his own there are a thousand who think the public 
will their own, and never conscious that the public judgment 
is unseen governing their own dream that they lead the pub- 
lic opinion which is driving them. No, sir, under this system 
there will be many weak judges for one corrupt judge. 

T do not say that there will be no exceptions to this influ- 
ence; I do not say that the choice of the people will never fall 


1846] THE CONSTITUTION OF 1846 099 


_ upon a man of a high strength of character and stern integrity 

_ of mind, above and beyond all such influence. God forbid. 
But I say that this is the tendency of the system, the inevitable 
tendency. Nine times out of ten this influence will hover un- 
seen about the head of the judge, unseen of him, unseen of all, 
warping judgment, betraying justice, falsifying truth and the 
recorded will of the people; the law of justice which speaks 
through them and stands in their written and unwritten law 
will bend and give way before a popular excitement, a popu- 
lar prejudice, the judgment of public clamor; truth will fall 
before error; right will give place to wrong, that the judge 
may be popular. Oh, sir, with such a bench, whenever there 
may be a popular excitement, the public passion will be the 
publie. law. 

T have heard much incidental discussion here, and much di- 
rect discussion amongst the delegates out of doors, on the 
present judicial system of the territory. Justly or unjustly, 
much fault is found with it; and gentlemen avow that, because 
our judges are appointed, the evils of the present system have 
driven them to find a cure in election. Sir, the evils of our 
present system have no reference to appointment. They are 
the inherent evils of a territorial system; and yet, so far as 
they have reference to appointment or election, they drive me 
the other way. Gentlemen say that the system is weak and 

bad, and they must find a remedy in election. Do gentlemen 
reflect that our judges have been in the very attitude of judges 
elected for short terms by the people? Yes, sir, the judges 
have held their places by a precarious tenure now about to 
expire; they have held them with the knowledge that, yet a 
little while, and they must descend from their platform, 
amongst the people, depending on them for the bench office, 
the very position of the judges you propose to elect for five 
years. 

Sir, if any of the evils of which gentlemen complain argue 
at all upon this question, they argue against the election; for 
these judges have lived from year to year in yearly expecta- 
tion of state government, and if any influence spring from the 
fact, it is the same influence, in a less degree, which I fore- 


600 WISCONSIN HISTORICAL COLLECTIONS _ [nov. 30 


see in the elective system. And, sir, however delicate it may 
be to discuss such a matter, I will confess that I have seen 
something of this influence at work. I do not speak wholly 
of my own judgment. I am borne out by very general ob- 
servation of gentlemen with the opportunities of judging. I 
have seen as good and pure and upright a man as breathes, as 
capable as any you will ever find upon the bench under this 
system—I have seen such a man, conscious only of pure mo- 
tives and unbiased judgment, uneasy of public opinion, shrink- 
ing from opposition and to public judgment, flinch from the 
full integrity of his purpose. I have seen this and others have 
seen it; he only was unconscious of it; and when I say it, I 
only say that, good and pure as he was, he partook of the com- 
mon weakness of human nature. Sir, this is very painful to 
me, and perhaps it had better have been left unsaid but I con- 
fess I could not see men rushing upon election from influences 
which should drive them the other way, without warning them 
of their egregious error. 

But it may be said that my last instance answers the argu- 
ment which preceded it. Sir, it is doubtless true that the peo- 
ple will see the most glaring instances of judicial subserviency, 
and seeing, will condemn it. But, sir, there are minor evasions 
and minor trucklings which will only be seen by parties and 
their lawyers, whose complaints will be let down to disappoint- 
ment. But let me admit the people will see all; let me avow 
my full confidence that, seeing it, the people will forever re- 
pudiate the judge who waves his duty to his popularity and 
descends from his high state to palter to the public opinion. 
This does not alter the influence on the judge; this does not 
correct the weakness of human nature. The judge who trims 
his sails to the popular breeze, thinking to court public favor 
by the very means which excite public distrust, sees nothing 
of the effect. He, strong in his own cunning, sows for a dif- 
ferent harvest, and, even when he reaps the just consequence 
of his conduct, may like many another lay his disappointment 
to the account of republican ingratitude, the fickleness of pop- 
ular favor. And the unconscious weak man—how can he sus-. 
pect others of seeing what he does not see himself? Or see 


1846] THE CONSTITUTION OF 1846 601 


reflected on the minds of the multitude what he cannot see at 
work upon his own? A judge is but a man, and like other 
men, has no gift ‘‘to see himself as others see him.”’ 

We have thus far seen that no principle requires the election 
of the judges by the people—that the mode of getting them is 
a question of mere expediency. We have seen, too, something 
of the evils of the old system of appointment, and have some- 
thing foreseen of the evils which election for short terms 
will bring upon the judiciary. I have in fact endeavored to 
demonstrate that the very principle upon which gentlemen 
urge the election utterly condemns it. Let me now advert to 
my own proposition. 

Hold fast by that which has proved good should be a max- 
im never forgotten by legislators. In retaining the concen- 
trated responsibility of appointment, I have in a great degree 
avoided the objection of patronage. Except in the first ap- 
pointments, a temporary and light objection, no governor could 
have more than a single place to fill, and that only in the con- 
tingency of the rejection of the old judges by the senate. In 
fact the constitution would always forestall the right of nom- 
ination by the governor. By requiring the assent of three- 
fourths of the senate, we have a great restraint upon the arbi- 
trary choice of the governor and a great assurance of worthy 
appointments. By the graduation of the terms, we avoid all 
risk of an evil in the present article, immense of itself, the risk 
of an entirely new bench in every five years. By the consti- 
tutional renomination of the incumbents, we have a system 
which will be continually sifting the bench, sifting the chaff 
from the wheat, the bad judges from the bench. By it, he 
who has proved worthy will be retained, and he who has proved 
unworthy cannot long inflict his presence on the bench. A 
great thing, the object of objects, to assure a long term to the 
[good] judge and a short one to the poor judge. It removes 
all temptation of courting favor from the judges, who might 
anticipate who would be governor, but can never anticipate 
the senate. And, finally, the disqualification forever ends an 
evil I have long seen in the West, by which the seat of justice 
is made a mere stepping-stone to political office. 


602 WISCONSIN HISTORICAL COLLECTIONS _ [Nov. 30 


To say that this proposition is imperfect is but to say that 
it is human. But to say, as I think I may say, that it avoids 
all the evils of election, and most of the evils of the old ap- 
pointments, while it retains all their good, which has raised 
such proud monuments of judicial fame, and has in it some 
merits peculiar to itself, is only to boast that much and deep 
thought on the subject has not been wholly unavailing. 

Sir, it is hard work arguing against a settled conviction. 
But so much was due to the proposition I had the honor to 
submit to the convention; and, sir, if I had not felt it hopeless, 
even my poor ability could have been incited to some higher 
effort in a matter so important. It matters little what laws 
you have, if you have not an able and impartial judiciary to 
interpret and administer them. Laws are waste paper with- 
out the judicial function; and laws depend greatly for their 
character for good or for bad upon the judiciary which ad- 
ministers them. Far more than on the executive, than on the 
legislative, far more on the judiciary depends national char- 
acter. Without a judiciary, able, enlightened, upright, and in- 
dependent, no nation ever had or will have a high national 
character. 

And, sir, to say all that I have to say on this subject at once, 
I will now express my strong hope that some friend of the 
elective system will move the election of the judges by the state 
at large. If it were today a question whether the judges of 
the United States Supreme Court should be elected by the peo- 
ple of the states at large I should have little objection on this 
score. The constituency would be so large, so extended, that 
the influence could be very slightly felt, if at all. The broader . 
the constitueney of an elective judiciary, the less the evils; the 
narrower, the greater the evils; just as the broader the con- 
stituency of a political officer, the lighter his responsibility to 
those whom he represents; the narrower his constituency and 
the closer his dependence on them, the better he would inevi- 
tably represent them. As I said before, the virtue of the one 
is the vice of the other. And, sir, as it is clear that we must 
try this experiment, I am willing it should be tried; the publie 
mind seems to be so aroused that perhaps nothing short of a 


1846] THE CONSTITUTION OF 1846 603 


trial will satisfy it. So be it, but let the trial at least be in the 
best form of the system. 

Sir, I have trespassed longer on the time of the convention 
than I had intended. I thank them for their patience and at- 
tentive hearing. I suppose what I have said will give little 
satisfaction to the advocates of election, save to a few friends 
who have talked of this as some sort of a test question and 
denounced such views as mine as anti-Democratic. So let it 
be, and let the experience of the future decide between us. If 
the system should be found against all my distrust to work 
well, I shall be satisfied; my only aim is a good judiciary. In 
the meantime I may say with some pride that it is with far 
more confident satisfaction I bear witness to the belief which is 
in me when I do so against—not with—the popular current, 
for I can have no distrust that I am borne away by that mighty 
but often unfelt influence when I feel that I am endeavoring to 
stem its resistless waves.—Argus, Jan. 5, 1847. 


No. 17, ‘‘ Article on the name and boundaries of the state,’’ was taken 
up, when Mr. Magone moved to reconsider the vote by which the amend- 
ment of Moses M. Strong thereto was adopted. 

Mr. Baird moved a eall of the convention, which was ordered, and 
Messrs. Hiram Barber, Cartter, Coxe, Gilmore, Green, Hesk, Hill, Hun- 
kins, George Hyer, Inman, Madden, Patch, Parsons, Mr. President, 
Randall, Reed, A. Hyatt Smith, Moses M. Strong, and Vineyard re- 
ported absent. 

On motion, Mr. Hill was excused from his attendance. 

The sergeant at arms was sent for the absentees. 

Mr. Hicks moved that all the absentees be excused, which was dis- 
agreed to. 

Mr. Kelloge, by leave, moved that when the convention adjourn, it 
adjourn to meet at six o’clock, P. M., which was disagreed to. 

Mr. Willard moved that all further proceedings under the call be 
dispensed with, which was disagreed to. And a division having been 
called for, there were 36 in the affirmative and 48 in the negative. Sev- 
eral of the absentees having appeared in their seats, on motion of Asa 
Kinne all further proceedings under the call were dispensed with. 

The question then recurred on the motion of Mr. Magone. And hav- 
ing been put, it was decided in the negative. And the ayes and noes 
having been called for and ordered, those who voted in the affirmative 
were [affirmative 73, negative 31; for the vote see Appendix I, roll 
call 179]. 

The question then recurred on the adoption of the amendment upon 
which the vote was reconsidered. And having been put, it was de- 


604 WISCONSIN HISTORICAL COLLECTIONS _ [Nov. 30 


cided in the negative. And the ayes and noes having been called for 
and ordered, those who voted in the affirmative were [affirmative 35, 
negative 68 ; for the vote see Appendix I, roll call 180]. 

Mr. Hunkins moved that the vote by which the convention rejected 
the motion of Mr. Ryan to recommit be reconsidered. And pending 
the question on said motion, on motion of Mr. Gray the convention ad- 


journed until seven o’clock, P. M. 


SEVEN O’CLOCK, P. M. 


The question was put on the motion of Mr. Hunkins to reconsider 
the vote by which the convention rejected the motion of Mr. Ryan to 
reconsider and was decided in the negative. j 

Marshall M. Strong moved to amend by striking out the proviso to 
the first section, which was decided in the negative. And the ayes and 
noes having been called for and ordered, those who voted in the affirma- 
tive were [affirmative 33, negative 56; for the vote see Appendix I, roll 
eall 181]. 

Moses M. Strong moved to amend by adding the following to the 
proviso in the first section: ‘‘ Provided further, That if Congress does 
not consent to the admission of Wisconsin into the Union with the 
aforesaid proviso, then it is hereby ordained and declared that the state 
of Wisconsin ‘doth consent to and accept of the boundaries’ prescribed 
in the aforesaid act of Congress, without condition or reservation.”’ 

And the question having been put on said amendment, it was de- 
cided in the affirmative. And the ayes and noes having been called 
for and ordered, those who voted in the affirmative were [affirmative 
47, negative 46; for the vote see Appendix I, roll call 182]. 

Mr. Ryan moved to amend the first section by striking out the whole 
proviso, which was decided in the affirmative. And the ayes and noes 
having been called for and ordered, those who voted in the affirmative 
were [affirmative 47, negative 45; for the vote see Appendix I, roll call 


183]. 
Moses M. Strong moved further to amend said article by striking out 


the second section. 

Wm. BR. Smith moved to amend the second section by striking out 
of the fourth and fifth lines of the printed bill the words, ‘‘unless Con- 
gress shall assent to the boundaries as herein claimed,’’ which was de- 
cided in the affirmative. 

Mr. Burnside gave notice that he would move a reconsideration of 
the vote by which the proviso of Moses M. Strong, added to the proviso 
in the first section, was adopted. 

The question was then put on the motion of Moses M. Strong to strike 
out the second section and was decided in the negative. And the ayes 
and noes having been called for and ordered, those who voted in the 
affirmative were [affirmative 39, negative 52; for the vote see Appen- 
dix I, roll call 184]. 

James H. Hall asked for leave of absence for himself. Leave was 
granted. 

On motion of Mr. Dennis the convention adjourned. 


1846] THE CONSTITUTION OF 1846 605 


Turspay, DecEMBER 1, 1846 


Prayer by the Rev. Mr. McHugh. 

The journal of yesterday was read. 

The resolution introduced by Mr. Judd on the twenty-third instant, 
relative to discharging the committee on revision from the further con- 
sideration of the article on banks and banking, was taken up, when Mr. 
Judd moved to amend the same by striking out the words “‘Monday 
next,’’ and insert[ing] the words ‘‘Thursday the third of December.”’ 

Moses M. Strong moved that the said resolution be laid upon the 
table. And the question having been put, it was decided in the nega- 
tive. And the ayes and noes having been called for and ordered, those 
who voted in the affirmative were [affirmative 43, negative 51, for the 
vote see Appendix J, roll call 185]. 

Moses M. Strong moved that the [further consideration of the] said 
resolution be postponed until the committee on revision shall have made 
their report, which was agreed to. 

Mr. Vliet introduced the following resolution, which was read, to 
wit: “‘Resolved, That this convention adjourn on Tuesday the eighth 
instant.”’ 

The resolution introduced by Nathaniel F. Hyer on the twenty-fourth 
ulto., relative to a construction of the rules, was taken up, when Moses 
M. Strong moved that the same be laid upon the table. And the ques- 
tion having been put, it was decided in the negative. And the ayes and 
noes having been called for and ordered, those who voted in the affirma- 
tive were [affirmative 44, negative 56; for the vote see Appendix I, roll 
eall 186]. 

Mr. Kellogg moved that the further consideration of the said reso-- 
lution be postponed until the committee on revision shall have made 
their report. And the question having been put, it was decided in 
the affirmative. And the ayes and noes having been called for and or- 
dered, those who voted in the affirmative were [affirmative 53, negative 
46; for the vote see Appendix I, roll call 187]. 

No. 17, ‘‘Article on the name and boundaries of the state,’’ was 
taken up, when Mr. Doty moved to amend the said article by adding 
the following proviso, to wit: ‘“‘Provided, however, That the admission 
of this state into the Union according to the boundaries as above de- 
scribed shall not in any manner affect or prejudice the right of this 
state to the boundaries which were ‘fixed and established’ for the fifth 
division or state of the Northwestern Territory in and by the fifth ar- 
ticle of compact in the ordinance of Congress for the government of the 
territory northwest of the river Ohio, passed July 13, 1787, and by an 
act to divide the Indiana Territory into two separate governments, ap- 
proved the eleventh day of January, 1805, and by the admission of the 
states of Ohio, Indiana, Illinois, and Michigan into the Union, which 


606 WISCONSIN HISTORICAL COLLECTIONS [Dee. 1 


said boundaries are as follows, to wit: On the south, by a west line 
drawn through the southerly bend or extreme of Lake Michigan to the 
Mississippi River; on the west by the Mississippi River, from the point 
where the said line intersects the middle of said river to its source, and 
thence due north to the forty-ninth parallel of latitude; on the east by 
a line drawn from the said southerly bend of Lake Michigan through 
the middle of the said lake to its northern extremity, and thence due 
north to the northern boundary of the United States; and on the north 
by the said northern boundary.’’ 

Moses M. Strong raised a question of order, as follows: ‘‘Can the 
convention entertain this amendment, it being the same proviso stricken 
out by [vote of] the convention ?’’ 

The President decided the amendment to be in order, as the proviso, 
when stricken out, had been amended. 

Moses M. Strong appealed from the decision of the Chair. And the 
question having been put, ‘‘Shall the decision of the president stand as 
the judgment of the convention?’’ it was decided in the affirmative. 
And the ayes and noes having been called for and ordered, those who 
voted in the affirmative were [affirmative 54, negative 39; for the vote 
see Appendix J, roll call 188]. 

Hiram Barber moved to amend the amendment of Mr. Doty by in- 
serting between the words ‘‘boundaries’’ and ‘‘which’’ in the eight- 
eenth line of the amendment the words ‘‘on the south,’’ and strike 
out all after the words ‘‘ Mississippi River,’’ in the twenty-fourth line. 

And pending the question thereon, on motion of Mr. Willard, the 
convention took a recess until two o’clock, P. M. 


TWO O’CLOCK, P. M. 


No. 17, ‘‘ Article on the name and boundaries of the state,’’ was taken 
up. And the pending question thereon being on adopting the amend- 
met of Hiram Barber to the amendment offered by Mr. Doty, and the 
question having been put, it was decided in the negative. 

Moses M. Strong moved to amend the amendment by striking out 
the following words, to wit: ‘‘the admission of this state into the Union 
according to the boundaries above described,’’ and insert[ing] the fol- 
lowing, ‘‘Congress be requested to provide by law that the acceptance 
of the aforesaid boundaries and admission of said state.”’ 

And the question having been put, it was decided in the affirmative. 
And a division having been called for, there were 37 in the affirmative 
and 34 in the negative. 

The question was then put on adopting the said amendment as 
amended and was decided in the negative. 

And the ayes and noes having been called for and ordered, those who 
voted in the affirmative were [affirmative 39, negative 44; for the vote 
see Appendix I, roll call 189]. 

Mr. Holcombe moved to amend the said article by adding to the first 
section the following proviso, to wit: ‘‘Provided, however, That the 
following alteration of the aforesaid boundary be and hereby is pro- 


1846] THE CONSTITUTION OF 1846 607 


posed to the Congress of the United States as the preference of the 
state of Wisconsin, and, if the same shall be assented and agreed to 
by the Congress of the United States, then the same shall be and for- 
ever remain obligatory on the state of Wisconsin, viz., Leaving the 
aforesaid boundary line in the middle of Lake Superior opposite the 
mouth of the Burnt Wood River; from thence through said mouth of 
the Burnt Wood River on a direct line southwardly to the head or most 
northwesterly bend or the head of Lake Pepin, to the channel of the 
Mississippi River ; thence down the center of said Lake Pepin and chan- 
nel of the Mississippi River, as prescribed in the aforesaid boundary.’’ 

And the question having been put, it was decided in the negative. 
And the ayes and noes having been called for and ordered, those who 
voted in the affirmative were [affirmative 30, negative 61; for the vote 
see Appendix I, roll call 190]. 


BounDARIES 


Mr. Doty moved to amend the first section by inserting the 
original proviso, which, with a second offered by Moses M. 
Strong, had been stricken out yesterday. 

Hiram Barber then moved to amend the proviso so that it 
declare only that the right to country on the south shall not be 
prejudiced. 

This amendment gave rise to quite a debate on our right to 
the Illinois belt, and incidentally to the discussion of our right 
to that tract set off to Michigan on the northeast and to the 
whole country up to 49 degrees, and the expediency of claim- 
ing the same. The amendment was lost. 

Moses M. Strong then moved to amend the proviso by sub- 
stituting ‘‘that Congress be requested to provide by law that 
the acceptance of the boundaries prescribed by Congress and 
the admission of the state shall not in any manner affect or 
prejudice the right of this state to the boundaries prescribed 
by the Ordinance of the ’87,’’ in place of the absolute asser- 
tion in the original, which was adopted. 

The question then being on the adoption of the proviso as 
amended, it was lost [roll call 189]. 

Mr. Holcombe then offered an amendment to add as proviso 
the following boundary on the north as the preference of the 
state of Wisconsin, viz., Leaving the aforesaid boundary line 
in the middle of Lake Superior opposite the mouth of the Brule 


608 WISCONSIN HISTORICAL COLLECTIONS [Dec. 1 


River; from thence through said mouth of the Brule River in 
a direct line southwardly to the head or most northwesterly 
bend of Lake Pepin to the channel of the Mississippi River; 
thence down the centre of said Lake Pepin and channel of said 
Mississippi River as prescribed in the aforesaid boundaries. 

Mr. Holcombe stated this to be merely taking the boundary 
out of the river St. Croix and running it a little south. This 
change, which did not much affect territory, he asked as right 
to the people of St. Croix, who would be divided, one part in 
and the other out of the state, by the proposed boundary of 
Congress. 

The question was taken, and there were ayes 30, noes 61; 
so the amendment was lost.—Ezpress, Dec. 8, 1846. 


Horace Chase moved to amend the said article by striking out all 
after the words ‘‘Lake Superior,’’ in the twelfth line of the printed 
bill, to the word ‘‘thence,’’ in the fifteenth line, and inserting the words, 
‘‘where it intersects the forty-seventh degree of north latitude; thence 
west until said line intersects the Mississippi River,’’ which was dis- 
agreed to. 

Mr. Hicks moved to amend the said article by striking out all after 
the word ‘‘ Wisconsin,’’ in the first line of the first section, and inserting 
the words ‘‘does hereby consent to and declare the boundaries for the 
state of Wisconsin to be as established for the fifth division or state 
of the Northwestern Territory in and by the fifth article of compact 
in the ordinance of Congress for the government of the territory north- 
west of the river Ohio, passed July 13, 1787.’’ And the question hav- 
ing been put, it was decided in the negative. And the ayes and noes 
having been ealled for and ordered, those who voted in the affirmative 
were [affirmative 29, negative 56; for the vote see Appendix I, roll call 
AOA 

Marshall M. Strong moved to amend the said article by striking out 
the second section and all of the first section after the words ‘* August 
6, 1846.”’ 

William R. Smith raised a question of order, as follows: ‘‘Can a 
motion be made to strike out the second section by connecting it with 
a portion of the first section, the convention on yesterday having re- 
fused to strike out the second section?’’ 

The President decided the amendment to be in order, from which 
decision William R. Smith took an appeal. And the question having 
been put, ‘‘Shall the decision of the president stand as the judgment 
of the convention?’’ it was decided in the affirmative. And a division 
having been called for, there were 44 in the affirmative and 18 in the 
negative. 

Mr. Parks moved a eall of the convention, which was ordered, and 
Messrs. Bennett, Berry, Bowen, Brace, Burnside, Clark, Coombs, El- 


1846] THE CONSTITUTION OF [846 609 


more, Fitzgerald, Gibson, George Hyer, Joseph Kinney, Mills, Randall, 
and Whiteside reported absent. 

On motion, George Hyer and Mills were excused from their at- 
tendance. 

Several of the absentees having appeared in their seats, Mr. Cruson 
moved that all further proceedings under the call be dispensed with, 
which was agreed to. 

Asa Kinne moved the previous question, which was seconded. And 
the question having been put, ‘‘Shall the main question be now put?”’ 
it was decided in the affirmative. 

The question was then put on adopting the amendment of Marshall 
M. Strong and was decided in the negative. And the ayes and noes 
having been called for and ordered, those who voted in the affirmative 
were [affirmative 38, negative 63; for the vote see Appendix I, roll 
eall 192]. 

The question was then put on ordering the article to be engrossed for 
its third reading and was decided in the affirmative. And the ayes 
and noes having been called for and ordered, those who voted in the 
affirmative were [affirmative 67, negative 31; for the vote see Appen- 
dix I, roll call 193}. 

Warren] Chase asked that leave of absence be granted him. Leave 
was granted. Mr. Whiteside asked that leave of absence be granted 
him. Leave was granted. 

On motion of Mr. Magone the convention adjourned. 


39 


610 WISCONSIN HISTORICAL COLLECTIONS [Dec. 2 


WEDNESDAY, DECEMBER 2, 1846 


Prayer by the Rev. Mr. Miner. 

The journal of yesterday was read, 

A. Hyatt Smith, from the select committee of eleven, to whom had 
been referred No. 10, ‘‘ Article on the constitution and organization of 
the legislature,’’ reported the same back with amendments. 

Marshall M. Strong, from the committee on engrossment, reported 
Articles Nos. 13, and 17 as correctly engrossed. 

Mr. Lovell introduced the following resolution, which was read, to 
wit: ‘“‘Resolved, That the following section shall be adopted into and 
form a part of the constitution of [the state of] Wisconsin : 

‘“Seetion 1. The boundaries of the state of Wisconsin shall be and 
remain as follows, to wit: ‘Beginning at the northeast corner of the 
state of Illinois, that is to say, at a point in the center of Lake Mich- 
igan where the line of forty-two degrees and thirty minutes of north 
latitude crosses the same; thence running with the boundary line of the 
state of Michigan through Lake Michigan and Green Bay to the mouth 
of the Menomonee River; thence up the channel of said river to the 
Brule River; thence up said last mentioned river to Lake Brule; thence 
along the southern shore of Lake Brule in a direct line to the center 
of the channel between middle and south islands in the Lake of the 
Desert; thence in a direct line to the headwaters of the Montreal 
River, as marked upon the survey made by Captain Cram; thence 
down the main channel of Montreal River to the middle of Lake Su- 
perior; thence through the center of Lake Superior to the mouth of 
the St. Louis River; thence up the main channel of said river to the 
first rapids in the same, above the Indian village, according to Nicol- 
let’s map ; thence due south to the main branch of the St. Croix; thence 
down the main channel of said river to the Mississippi; thence down 
the center of the main channel of that river to the northwest corner 
of the state of Illinois; thence due east with the northern boundary of 
the state of Illinois to the place of beginning, as established by “An 
Act to enable the people of Illinois Territory to form a constitution 
and state government, and for the admission of such state into the 
Union on an equal footing with the original states,’ approved April 
18, 1818; and the state of Wisconsin doth consent to and accept of the 
boundaries as [above] mentioned, and declare the same to be irrevo- 
cable without the consent of Congress.’ ’’ 

Mr. Rogan introduced the following resolution, which was read, to 
wit: ‘‘Resolved, That a committee of five (of which the president shall 
be chairman ex officio) be appointed to prepare an address to the peo- 
ple, to be published in the same manner and at the same time with 
the constitution.’’ 


1846] THE CONSTITUTION OF 1846 611 


The resolution introduced by Wm. R. Smith on the twenty-seventh 
of November, relative to printing the journals, was taken up, when on 
motion of Wm. R. Smith the same was passed over informally. 

The resolution introduced by Mr. Reed on the thirtieth of Novem- 
ber, relative to the article on banks and banking, was taken up when 
Mr. Gray moved that the same be laid upon the table. And the ques- 
tion having been put, it was decided in the affirmative. And the ayes 
and noes having been called for and ordered, those who voted in the 
affirmative were [affirmative 51, negative 45; for the vote see Appendix 
I, roll call 194]. 

The resolution introduced by Mr. Vliet on yesterday, relative to an 
adjournment, was taken up, when Mr. Reed moved that the same be 
laid upon the table, which was agreed to. 

The resolution introduced by Mr. Kellogg on the thirtieth of Novem- 
ber, relative to the article on banks and banking, was taken up, when 
Mr. Parks moved that the same be laid upon the table, which was 
agreed to. 

The resolution introduced by Mr. Burt on the twenty-seventh of No- 
vember, relative to prohibiting the legislature from appropriating 
money for clerical services, was taken up, when Mr. Kellogg moved 
that the same be laid upon the table. And pending the question there- 
on, the morning hour expired. 

No. 11, ‘‘Article relative to the act of Congress for the admission of 
the state,’’ was read the third time, when Mr. Hicks moved that the 
further consideration thereof be postponed until the final considera- 
tion of Article No. 17, which was disagreed to. And a division having 
been called for, there were 25 in the affirmative, negative not counted. 

Mr. Bevans moved that the further consideration thereof be post- 
poned until Friday next. And pending the question thereon, Moses 
M. Strong moved the previous question, which was seconded. And the 
question having been put, ‘‘Shall the main question be now put?’’ it 
was decided in the affirmative. And the ayes and noes having been 
called for and ordered, those who voted in the affirmative were [affirma- 
tive 50, negative 47; for the vote see Appendix I, roll call 195]. 

The question was then put on the passage of the said article and 
was decided in the affirmative. And the ayes and noes being required 
by the rules, those who voted in the affirmative were [affirmative 59, 
negative 41; for the vote see Appendix I, roll eall 196]. 

So the article passed, and the title thereof was agreed to. 

No. 13, ‘‘ Article on the organization and functions of the judiciary,’’ 
was then read a third time, when Mr. Baker asked and obtained the 
unanimous consent of the convention to amend the twenty-fifth sec- 
tion by striking out the words ‘‘territory on.’’? The question was then 
put on the passage of the said article and was decided in the affrma- 
tive. And the ayes and noes being required by the rules, those who 
voted in the affirmative were [affirmative 86, negative 13; for the vote 
see Appendix I, roll call 197]. 

No. 17, “‘ Article on the name and boundaries of the state,’’ was read 
the third time, when Mr. Baird moved that the vote ordering the said 


612 WISCONSIN HISTORICAL COLLECTIONS [Dec. 2 


article to be engrossed for its third reading be reconsidered. And 
pending the question thereon, on motion of Asa Kinne the convention 
took a recess until two o’clock, P. M. 


TWO O’CLOCK, P. M. 


Article No. 17 was again taken up. And the pending question 
thereon being the motion of Mr. Baird to reconsider, Mr. Reed moved 
a call of the convention, which was seconded, and Messrs. Baker, Hiram 
Barber, J. Allen Barber, Bell, Bowker, Boyd, Coombs, Goodrich, Good- 
sell, Granger, Hays, Hill, O’Connor, Seaver, George B. Smith, and 
Topping reported absent. 

Mr. Noggle moved that all further proceeding under the call be dis- 
pensed with, which was agreed to. And a division having been called 
for, there were 49 in the affirmative, negative not counted. 

The question then recurred on the motion of Mr. Baird to reconsider 
the vote on ordering the said article to be engrossed. And having been 
put, it was decided in the affirmative. And the ayes and noes having 
been called for and ordered, those who voted in the affirmative were 
[affirmative 51, negative 44; for the vote see Appendix I, roll call 198]. 

Mr. Parks moved that the said article be referred to a select com- 
mittee of five. 

Mr. Hicks moved to amend the motion by striking out the words ‘‘a 
select committee of five’’ and inserting in lieu thereof the words ‘‘the 
committee of the whole.”’ 

Moses M. Strong moved to amend the amendment by adding ‘‘with 
instructions to report as follows, to wit: 


ORDINANCE IN RELATION TO THE BOUNDARIES OF WISCONSIN 


‘Section 1. It is hereby ordained and declared that the state of 
Wisconsin doth consent to and accept of the boundaries prescribed in 
the act of Congress entitled ‘An Act to enable the people of Wiscon- 
sin Territory to form a constitution and state government, and for the 
admission of such State into the Union,’ approved August 6, 1846, 
which boundaries are as follows: Beginning at the northeast corner of 
the state of Illinois, that is to say, at a point in the center of Lake 
Michigan where the line of forty-two degrees and thirty minutes of 
north latitude crosses the same; thence running with the boundary line 
of the state of Michigan through Lake Michigan and Green Bay to the 
mouth of the Menomonee River; thence up the channel of said river 
to the Brule River; thence up the last mentioned river shore to Lake 
Brule; thence along the southern shore of Lake Brule in a direct line 
to the center of the channel between middle and south islands in the 
Lake of the Desert; thence in a direct line to the headwaters of the 
Montreal River, as marked upon the survey made by Captain Cram ; 
thence down the main channel of the Montreal River to the middle of 
Lake Superior; thence through the middle of Lake Superior to the 
mouth of the St. Louis River; thence up the main channel of said river 


1846] THE CONSTITUTION OF 1846 613 


to the first rapids in the same, above the Indian village, according to 
Nicollet’s map; thence due south to the main branch of the St. Croix; 
thence down the main channel of said river to the Mississippi; thence 
down the center of the main channel of that river to the northwest 
corner of the state of Illinois; thence due east with the northern boun- 
dary of the state of Illinois to the place of beginning, as established by 
‘An Act to enable the people of Illinois Territory to form a constitu- 
tion and state government, and for the admission of such state into the 
Union on an equal footing with the original states,’ approved April 
18, 1818. 

‘‘Section 2. This ordinance is hereby declared to be irrevocable 
without the consent of the United States and of this state.’’ 

And the question having been put, it was decided in the negative. 
And the ayes and noes having been called for and ordered, those who 
voted in the affirmative were [affirmative 48, negative 54; for the vote 
see Appendix I, roll call 199]. 

Moses M. Strong moved to amend the amendment by adding, ‘‘with 
instructions to strike out all after the words ‘state of Wisconsin,’ ’’ and 
insert[ing] ‘‘refuses to consent to and accept of the boundaries pre- 
seribed in the act of Congress entitled ‘An Act to enable the people of 
Wisconsin Territory to form a constitution and state government, and 
for the admission of such state into the Union,’ approved August 6, 
1846. And it is further hereby ordained and declared that the boun- 
daries of the state of Wisconsin shall be as follows, viz., On the south, 
a line drawn east and west through the most southerly bend or extreme 
of Lake Michigan; on the west, the center of the main channel of the 
Mississippi River and a line running north from the source of the said 
river; on the north, the boundary line between the United States and 
the possessions of Her Brittanic Majesty; on the east, a line running 
north and south through the center of Lake Michigan. 

“Section 2. This ordinance is hereby declared to be irrevocable 
without the consent of the United States and of the state of Wiscon- 
sin.”’ 

And the question having been put, it was decided in the negative. 
And the ayes and noes having been called for and ordered, those who 
voted in the affirmative were [affirmative 20, negative 80; for the vote 
see Appendix I, roll call 200]. 

The question then recurred on the amendment of Mr. Hicks. And 
having been put, it was decided in the affirmative. And a division 
having been called for, there were 54 in the affirmative, negative not 
counted. 

The question then recurred on the motion of Mr. Parks, as amended, 
and was decided in the affirmative. 


The article on the boundaries then came up on a third read- 
ing. 

Mr. Parks said that on looking over the description of the 
boundaries contained in the ordinance as reported by the gen- 


614 WISCONSIN HISTORICAL COLLECTIONS [Dec. 2 


tleman from Winnebago (the chairman of the committee on 
boundaries) and comparing it with that contained in the act 
of Congress of August 6, 1846, referred to in the ordinance, he 
had discovered two omissions, one of which omitted to define 
the northeast corner of the state of Illinois as a place of begin- 
ning; the other omitted the statement that the north line of 
Illinois was established by acts of Congress. These he thought 
material, and called on the chairman of the committee (Mr. 
Doty) to explain why those omissions had been made. 

Mr. H. Chase called for the previous question. 

Mr. Holcombe asked the gentleman to withdraw his call to 
enable him to move an amendment to the article, which his duty 
to his constituents required him to do. 

Mr. Chase withdrew his call. 

Mr. Reed asked the gentleman from La Pointe (Mr. Hol- 
combe) to yield the floor in order to give the chairman of the 
committee (Mr. Doty) an opportunity to explain in answer to 
the request of Mr. Parks. 

Mr. Doty said if the northeast corner of the state of Illi- 
nois was fixed by the acts of Congress it was unnecessary to 
repeal the provisions of those acts in this article, as it was not 
for this convention to define the boundaries of that state. The 
omission of the line of latitude does not affect the question. 
Her true line was or was not fixed by the act to provide for 
her admission into the Union. The boundaries described in 
this article, although they are not literally the same as those 
"in the act of Congress 1846, yet they are essentially so. No 
other lines are described or referred to than. those mentioned 
in that act. 

Mr. Holcombe moved to reconsider the vote, ordering the 
article to a third reading, on which motion there was consider- 
able debate, and it prevailed.—Argus, Dec. 8, 1846. 


The report of the select committee of eleven, to whom had been re- 
ferred No. 10, ‘‘ Article on the constitution and organization of the 
legislature,’’ was taken up, when Mr. Ryan moved that the considera- 
tion thereof be postponed, and that the same and accompanying docu- 
ments be printed, which was agreed to. And a division having been 
called for, there were 54 in the affirmative, negative not counted. 


1846] THE CONSTITUTION OF 1846 615 


The convention then resolved itself into committee of the whole for 
the consideration of No. 31, ‘‘Article on education, schools, and school 
funds,’’ Mr. Bevans in the chair. And after some time spent therein 
the committee rose and by their chairman reported progress thereon 
and asked leave to sit again. Leave was granted. 

On motion of Mr. Moore the convention took a recess until seven 


o’elock, P. M. 
SEVEN O’CLOCK, P. M. 


Mr. Dennis, by leave, introduced the following resolution, to wit: 
‘‘Resolved, That the president be and he is hereby authorized to issue 
a certificate to each member of this convention who has attended the 
same, for per diem from the fifth day of October last to the day of 
adjournment inclusive; said certificates to bear interest at the rate of 
per cent until paid. And the treasurer of the territory is hereby 
authorized and required to pay the amount of said certificates and in- 
terest.’’ 

And the rules having been first suspended for the consideration of 
said resolution, A. Hyatt Smith moved to amend the same by striking 
out the words ‘‘said certificates to bear interest at the rate of per 
cent until paid.”’ 

Mr. Elmore moved that the said resolution be laid upon the table, 
which was disagreed to. 

Mr. Hunkins moved that the consideration of said resolution be post- 
poned until the committee on revision shall have made their report, 
which was agreed to. 

The convention then resolved itself into committee of the whole for 
the consideration of Article No. 31, Mr. Bevans in the chair. And after 
some time spent therein the committee rose and by their chairman re- 
ported progress on said article and asked leave to sit again. Leave 
was granted. 

On motion of Mr. Meeker the convention adjourned. 


The convention went into committee of the whole on schools. 

After some debate the first section was amended so that “‘the 
state superintendent shall be elected or appointed in such man- 
ner and for such term of office as the legislature shall direct.”’ 

H. Barber moved to amend so as to make the distribution 
of public moneys in proportion to the number of scholars in 
the district, instead of the number attending school. 

Mr. Graham was in favor of the principle of the amendment. 
He had opposed the words of the report in committee; but he 
thought it best to leave it to the legislature. 

The question was taken and the amendment was adopted. 


"| 
y 
f 


616 WISCONSIN HISTORICAL COLLECTIONS (Dee. 2 


Mr. Judd moved to strike out the word ‘‘public’’ and insert 
‘‘eommon”’ schools. 

Mr. Graham thought the natural division of schools was into 
public and private. He considered the word ‘‘common,”’ in 
its common acceptation, to mean inferior. He wished to have 
‘‘nublic’’ schools, so that the public would be benefited. 

Mr. Judd wanted common schools for common, every-day 
people. 

Mr. Randall hoped the amendment would prevail. He hoped 
all the public moneys should go to common district schools. 

Mr. Burchard hoped the amendment would not prevail for 
the same reason. 

Mr. Kellogg ‘‘felt considerable’’ on this subject; and if he 
had been instructed on any subject by his constituents, he had 
been on this, and he felt that he should not satisfy them if he 
took all the public moneys for common district schools. He 
hoped the amendment would not prevail. 

The amendment was adopted. 

N. F. Hyer then moved to except ‘‘the moneys arising from 
the university lands’’ from being applied to common schools. 

General Smith thought we had no right to take these moneys 
for any other purpose than specified in the grant. He hoped 
the amendment would prevail to prevent ambiguity. 

The amendment was adopted. 

Mr. Ryan moved to add as follows: ‘‘Until a university 
shall be established the net income from the university lands 
shall be appropriated to the support of normal schools,’’ which 
was adopted. 

The committee then rose and the convention adjourned.— 
Express, Dec. 8, 1846. 


1846] THE CONSTITUTION OF 1846 617 


THuRSDAY, DECEMBER 3, 1846 


Prayer by the Rev. Mr. McHugh. 

The journal of yesterday was read. 

Horace Chase introduced the following resolution, to wit: ‘‘ Resolved, 
That the doorkeepers be instructed and required to sweep the hall in 
the evening after the convention adjourns, and that they also be re- 
quired to dust the desks and chairs before the hour of meeting in the 
morning.’’ And the rules having been first suspended for the con- 
sideration of said resolution, Moses M. Strong moved that the same be 
laid upon the table, which was agreed to. 

, The resolution introduced by Mr. Burt on November 27, relative to 
prohibiting the legislature from paying any money for clerical serv- 
ices, was taken up, when Mr. Bevans moved that the same be referred 
to a select committee of three, of which Mr. Burt should be chairman, 
which was agreed to. 

The President announced the appointment of the following commit- 
tee, to which said resolution was referred, to wit: Messrs. Burt, John 
Y. Smith, and Kellogg. 

Mr. Dennis introduced the following resolution, which was read, to 
wit: ‘‘Resolved, That there be allowed to Ezra L. Varney and Andrus 
Vial one hundred dollars for plastering the convention hall, and the 
treasurer of the territory is hereby directed to pay the same; Provided, 
That at the time the treasurer pays the foregoing appropriation he shall 
endorse the same on a contract entered into between the superintend- 
ent of territorial property and said Varney and Vial, on the seven- 
teenth day of August, 1846.’’ 

The resolution introduced by Mr. Lovell on the second instant, rela- 
tive to the boundaries of this state, was taken up, when Moses M. 
Strong moved that the same be referred to the same committee of the 
whole which shall have under charge the articles on the name and 
boundaries of the state, and that the same be printed, which was agreed 
to. 

The resolution introduced by Mr. Vliet on the first instant, relative 
to the adjournment, was taken up, when on motion of Mr. Parks the 
same was laid upon the table. 

The resolution introduced by Mr. Rogan on the second instant, rela- 
tive to preparing an address to the people, was taken up, when, on mo- 
tion of Mr. Ryan the further consideration thereof was postponed un- 
til the committee on revision shall have made their report. 

Mr. Baird asked that leave of absence be granted him after today. 
Leave was granted. 

The convention then resolved itself into committee of the whole for 
the consideration of No. 31, ‘‘ Article on education, schools, and school 
funds,’’ Mr. Bevans in the chair. And after some time spent therein 


618 WISCONSIN HISTORICAL COLLECTIONS  [Dee.3 


the committee rose and reported the said article back with amendments 
thereto. 

The question being on concurring in the amendments of the com- 
mittee of the whole thereto, and a division of the question having been 
ealled for, and the question being on concurring in the first amendment 
of the committee, which was to strike out in the first section the words, 
“The superintendent shall be chosen by the electors of the state once 
in every two years,’’ and insert, ‘‘The state superintendent shall be 
elected or appointed in such manner and for such term of office as the 
legislature shall direct,’’ Mr. Graham moved to amend the amendment 
by striking out the amendment and insert[ing], ‘‘The state superin- 
tendent, until otherwise provided by law, shall be appomted by the 
governor, by and with the advice and consent of the senate, and 
hold his office for the term of twu years, and until his successor 
be elected or appointed.’’ 

And the question having been put, it was decided in the mS 
And a division having been called for, there were 28 in the affirmative, 
negative not counted. 

[The amendment of the committee of the whole as amended was then 
concurred in]. 

The question was then put on concurring in the second amendment 
of the committee, which was to strike out the word ‘‘publie’’ in the 
second line of the second section, and insert in lieu thereof the word 
“‘eommon,’’ and was decided in the affirmative. 

The question having been put on concurring in the third amendment 
of the committee, which was to insert after the word ‘‘purposes,’’ in 
the fourth line of the second section, the words ‘‘except the lands here- 
tofore granted for the purposes of a university,’’ it was decided in the 
affirmative. 

The question having been put on concurring in the fourth amend- 
ment of the committee, which was to strike out all after the word 
‘‘ehildren,’’ in the tenth line of the second section, and imsert ““who 
shall reside in the same, between the age of five and sixteen years in- 
clusive,’’ it was decided in the affirmative. ) 

The question was then put on concurring in the fifth amendment of 
the committee, which was to add to section second, ‘‘until a university 
shall be established the net income of the university lands shall be ~ 
appropriated to the support of normal schools,’’ and was decided in 
the negative. And the ayes and noes having been called for and or- 
dered, those who voted in the affirmative were [affirmative 48, negative 
51; for the vote see Appendix I, roll call 201]. 

Mr. Magone moved that the vote nonconcurring in the fifth amend- 
ment of the committee be reconsidered. And the question having been 
put, it was decided in the negative. And the ayes and noes having 
been called for and ordered, those who voted in the affirmative were - 
[affirmative 48, negative 52; for the vote see Appendix I, roll call 202]. 

The question was then put on concurring in the sixth amendment of 
the committee, which was to strike out all after the word ‘‘respec- 


‘hd 


1846] THE CONSTITUTION OF 1846 619 


tively,’’ in the second line of the third section, and was decided in the 
affirmative. 

The seventh amendment, which was to strike out the word ‘‘public’”’ 
before the word ‘‘schools’’ and insert in lieu thereof the word ‘‘com- 
mon,’’ was then concurred in. 

The eighth amendment, which was to strike out all after the word 
‘tand,’’ where it occurs in the second line of the fourth section, and 
insert ‘‘ [the] common schools shall be equally free to all children, and 
no sectarian instruction shall be used or permitted in any common 
school in this state,’’ was concurred in. 

The amendments having all been disposed of, Wm. R. Smith moved 
to amend the fifth section by striking out all after the word ‘‘city’’ in 
the third line, which was disagreed to. 

Mr. Magone moved to amend the first section by adding, ‘‘The super- 
intendent shall receive an annual salary not less than $1,000, and not 
exceeding $1,500.’’ 

Mr. Kellogg moved to amend the amendment by striking out the 
words $1,000,’’ and insert[ing] ‘‘$600,’’ and strike out ‘‘$1,500,’’ and 
insert ‘‘$1,200,’’ which was disagreed to. 

The question was then put on the amendment of Mr. Magone and 
was decided in the negative. And the ayes and noes having been called 
for and ordered, those who voted in the affirmative were [affirmative 
46, negative 51; for the vote see Appendix I, roll call 203]. 

The said article was then ordered to be engrossed for its third read- 
ing. 
Mr. Holcombe moved that the vote ordering the said article to be 
engrossed for its third reading be reconsidered. And the question hav- 
ing been put, it was decided in the negative. And the ayes and noes 
having been called for and: ordered, those who voted in the affirmative 
were [affirmative 46, negative 51; for the vote see Appendix I, roll call 
204]. 


ScHOOLS 


This article was again considered in committee of the whole. 
The principle points of disagreement were: the appointment of 
a superintendent; his salary; the appropriation of the 500,000 
acres and all other public lands to the school fund; to make 
the schools common not public; to divert the university lands 
to manual schools. 

The article was ordered to a third reading at half past 
eleven under the previous question, when Mr. Holeombe moved 
to reconsider, which did not prevail. 

As amended the article provides: The supervision of pub- 
lic instruction shall be in a state superintendent, elected or ap- 
pointed as shall be provided by law; there shall be a common 


620 WISCONSIN HISTORICAL COLLECTIONS [Dec. 3 


school fund, to consist of all appropriations for educational 
purposes; all moneys and property may escheat to the state, 
and all lands except the university lands which shall be dis- 
tributed in the ratio of the children between the ages of five 
and sixteen; the towns shall raise a tax sufficient to make with 
the state fund the sum of $1.50 to each child; that there shall 
be a uniform system of common schools throughout the state; 
and that libraries shall be established in the towns.—Argus, 
Dec. 8, 1846. 


The report of the select committee to whom was referred No. 10, 
‘* Article on the constitution and organization of the legislature,’’ was 
taken up. And the question being on concurring in the amendments 
of the select committee of eleven thereto, Mr. Hicks moved that the 
convention resolve itself into committee of the whole for the consider- 
ation of the same, which was disagreed to. 

A. Hyatt Smith moved to amend the section reported by the com- 
mittee by striking out the word ‘‘four’’ in the apportionment to the 
county of Iowa, and insert[ing] in lieu thereof the word ‘‘three,’’ and 
strike [by striking] out the word ‘‘three’’ and insert[ing] the word 
“*‘four’’ [in the apportionment to the county of Rock], which was 
agreed to. 

Mr. O’Connor moved to amend the section by striking out the words 
“‘shall constitute a representative district,’’ and the words ‘‘shall con- 
stitute a senatorial district,’’ wherever they occur, which was dis- 
agreed to. 

John Y. Smith moved to amend by striking out the word ‘‘four’’ 
[where it occurs] in the apportionment to the county of Dane, and in- 
serting in lieu thereof the word ‘‘five,’’ which was agreed to. 

Mr. Gibson moved to amend the section by striking out from the first 
senatorial district the county of ‘‘Fond du Lac,’’ and to amend the 
second senatorial district by adding thereto the county of ‘‘Fond du 
Lae,”’ and striking out the counties of ‘‘Sauk, Richland, Crawford, 
Chippewa, St. Croix, and La Pointe,’’ and also to amend by adding to 
the fifteenth senatorial district the counties of Sauk, Richland, Craw- 
ford, Chippewa, St. Croix, and La Pointe. 

And pending the question thereon, on motion of Mr. Noggle, the con- 
vention took a recess until two o’clock, P. M. 


TWO O’CLOCK, P. M. 


Article No. 10 was then taken up, when A. Hyatt Smith moved to 
amend the amendment of the committee of the whole by adding the fol- 
lowing section thereto, as section 4: 

“*Section 4. Until there shall be a new apportionment of the sena- 
tors and members of the house of representatives the state shall be di- 
vided into senatorial and representative [districts] as follows, and the 


+ ay 


1846] THE CONSTITUTION OF 1846 621 


senators and members of the house of representatives shall be appor- 
tioned among the several districts as follows, viz: 

The county of Brown shall constitute the first representative dis- 
trict, and shall be entitled to one representative. 

The county of Calumet shall constitute the second representative 
district, and shall be entitled to one representative. 

The county of Manitowoc shall constitute the third representative 
district, and shall be entitled to one representative. 

The county of Marquette shall constitute the fourth representa- 
tive district, and shall be entitled to one representative. 

The county of Winnebago shall constitute the fifth representative 
district, and shall be entitled to one representative. 

The county of Sheboygan shall constitute the sixth representative 
district, and shall be entitled to one representative. 

The county of Fond du Lae shall constitute the seventh represen- 
tative district, and shall be entitled to one representative. 

The county of Columbia shall constitute the eighth representative 
district, and shall be entitled to one representative. 

The counties of Sauk and Richland shall constitute the ninth rep- 
resentative district, and shall be entitled to one representative. 

The county of Washington shall constitute the tenth representa- 
tive district, and shall be entitled to four representatives. 

The county of Dodge shall constitute the eleventh representative 
district, and shall be entitled to four representatives. 

The county of Milwaukee shall constitute the twelfth representa- 
tive district, and shall be entitled to eight representatives. 

The county of Waukesha shall constitute the thirteenth represen- 
tative district, and shall be entitled to six representatives. 

The county of Jefferson shall constitute the fourteenth represen- 
tative district, and shall be entitled to five representatives. 

The county of Dane shall constitute the fifteenth representative 
district, and shall be entitled to four representatives. 

The county of Racine shall constitute the sixteenth representative 
district, and shall be entitled to ten representatives. 

The county of Walworth shall constitute the seventeenth repre- 
sentative district, and shall be entitled to six representatives. 

The county of Rock shall constitute the eighteenth representative 
district, and shall be entitled to five representatives. 

The county of Green shall constitute the nineteenth representa- 
tive district, and shall be entitled to one representative. 

The county of Iowa shall constitute the twentieth representative 
district, and shall be entitled to seven representatives: Provided, 
That whenever the said county of Iowa shall be divided, and two new 
counties shall be organized out of the same, then the northern of said 
two new counties shall be entitled to three representatives, and the 
southern of said two new counties shall be entitled to four repre- 
sentatives. 

The county of Grant shall constitute the twenty-first representa- 
tive district, and shall be entitled to five representatives. 


622 WISCONSIN HISTORICAL COLLECTIONS [Dee. 3 9 


The county of Crawford shall constitute the twenty-second rep- 

resentative district, and shall be entitled to one representative. 

The counties of St. Croix and Chippewa shall constitute the twen- 
ty-third representative district, and shall be entitled to one represen- 
tative. 

The county of La Pointe shall constitute the twenty-fourth repre- 
sentative district, and shall be entitled to one representative. 

The county of Portage shall constitute the twenty-fifth represen- 
tative district, and shall be entitled to one representative. 

The counties of Brown, Calumet, Winnebago, Fond du Lac, Mani- 
towoe, and Sheboygan shall constitute the first senatorial district, 
and shall be entitled to one senator. 

The counties of Marquette, Columbia, Portage, Sauk, Richland, 
Crawford, Chippewa, St. Croix, and La Pointe shall constitute the 
second senatorial district, and shall be entitled to one senator. 

The county of Washington shall constitute the third senatorial 
district, and shall be entitled to one senator. 

The county of Dodge shall constitute the fourth senatorial district, 
and shall be entitled to one senator. 

The county of Milwaukee shall constitute the fifth senatorial dis- 
trict, and shall be entitled to two senators. 

The county of Waukesha shall constitute the sixth senatorial dis- 
trict, and shall be entitled to two senators. 

The county of Jefferson shall constitute the seventh senatorial dis- 
trict, and shall be entitled to one senator. 

The county of Dane shall constitute the eighth senatorial district, 
and shall be entitled to one senator. 

The county of Racine shall constitute the ninth senatorial district, 
and shall be entitled to two senators. 

The county of Walworth shall constitute the tenth senatorial dis- 

- trict, and shall be entitled to two senators. 

The county of Rock shall constitute the eleventh senatorial district, 
and shall be entitled to two senators. 

The county of Green shall constitute the twelfth senatorial district, 
and shall be entitled to one senator. 

The county of Iowa shall constitute the thirteenth senatorial dis- 
trict, and shall be entitled to two senators: Provided, That when- 
ever the said county of Iowa shall be divided and two new counties 
shall be organized out of the same, then the northern of said two 
new counties shall be entitled to one senator, and the southern of 
said two new counties shall be entitled to one senator. 

The county of Grant shall constitute the fourteenth senatorial dis- 
trict, and shall be entitled to two senators. 

A. Hyatr Suiru, Chairman’’ 


[And the question having been put, it was decided in the affirmative]. 

The question was then put on concurring in the amendment as 
amended and was decided in the affirmative. 

The question was then put on concurring in the fourth amendment 
of the committee of the whole to the said article, which was to strike 


1846] THE CONSTITUTION OF 1846 623 


out all after the word ‘‘district’’ in the second line of the printed bill 
and insert, ‘‘The senators shall be chosen for two years, at the same 
time and in the same manner as the representatives are required to be 
chosen. At the first session of the legislature under this constitution 
they shall be divided by lot from their respective districts, as nearly 
as may be, into two equal classes; the seats of the senators of the first 
class shall be vacated at the expiration of the first year, and of the sec- 
ond class at the expiration of the second year, so that one-half thereof, 
as nearly as may be, shall be chosen annually thereafter,’’ and was 
decided in the negative. 

The question being on concurring in the fifth amendment of the 
committee, which was to strike out section 7 and insert the following: 

“Section 7. No person holding any office under the United States, 
postmasters excepted, or who shall be a defaulter to the United States 
or of this state, shall be eligible to a seat in either branch of the legis- 
lature of this state.’’ 

Mr. Ryan moved to amend the same by striking out the word ‘‘here- 
after,’’ which was agreed to. 

Mr. Baker moved to amend the said section by striking out the words 
“‘of the United States or of this state,’’? and insert in lieu thereof the 
word ‘‘public,’’ which was disagreed to. 

The question was then put on concurring in the amendment as 
amended and was decided in the affirmative. And the ayes and noes 
having been called for and ordered, those who voted in the affirmative 
were [affirmative 82, negative 18; for the vote see Appendix I, roll cali 
205]. 

The sixth amendment of the committee, which was to strike out the 
word “‘and’’ in the twelfth section and insert the word ‘‘or’’ in lieu 
thereof, was then concurred in. 

The question was then put on concurring in the seventh amendment 
of the committee, which was to strike out ‘‘thirty’’ in the fourteenth 
section and insert in lieu thereof the word ‘‘forty,’’ and was decided 
in the affirmative. 

The question was then put on concurring in the eighth amendment 
of the committee, which was to strike out the fifteenth section, and was 
decided in the affirmative. 

The amendments having all been disposed of, Mr. Ryan moved to 
amend section 11 by inserting between the words ‘‘every year,’’ the 
word “‘second.’’ And the question having been put, it was decided 
in the negative. And the ayes and noes having been called for and 
ordered, those who voted in the affirmative were [affirmative 47, nega- 
tive 53; for the vote see Appendix I, roll call 206]. 

Mr. Parks moved to amend the seventh section by striking out the 
words ‘‘postmasters excepted.’’ And the question having been put, 
it was decided in the negative. And the ayes and noes having been 
called for and ordered, those who voted in the affirmative were [affirma- 
tive 41, negative 59; for the vote see Appendix I, roll call 207]. 

Mr. Tweedy moved to amend by adding as section 5, ‘‘The state 
shall be divided by the legislature at its first session after each new 


624 WISCONSIN HISTORICAL COLLECTIONS [Dec. 3 


enumeration into as many representative districts as there shall be 
representatives to be elected and also into as many senatorial districts 
as there shall be senators to be elected; such districts shall bé com- 
posed of contiguous territory.’’ 

A. Hyatt Smith moved to amend the amendment by striking out 
the words ‘‘be divided,’’ and inserting the words ‘‘shall have power to 
divide,’’ which was disagreed to. 

The question then recurred on the amendment of Mr. Tweedy. And 
having been put, it was decided in the affirmative. And the ayes and 
noes having been called for and ordered, those who voted in the affirma- 
tive were [affirmative 59, negative 42; for the vote see Appendix I, roll 
eall 208]. 


A. H. Smith proposed to amend so as to leave it in the power 
of the legislature to do so, but not making it binding, which 
was lost. 

Mr. Ryan was in favor of the theory, but was sure it was 
not practicable now. Harder to be done, said he, in new than 
in old states. ( 

Mr. Parks had lived in the old Bay State, where it was prac- 
ticable; he had also lived in the newest part of the new state 
of Maine, where it was also entirely practicable. 

Mr. Hunkins had lived where it was entirely practicable and 
had been practiced for years. 

Mr. Tweedy—‘‘ Resolved, That the principle is of vital im- 
portance, but it is deemed inexpedient at the present time for 
the Democratic party.”’ 

Mr. Ryan—‘‘ Resolved, That the Whig party are m a very 
small minority in this convention, and it is their policy to lie 
low and keep dark for the best interests of the party.”’ 

Mr. Magone was for practicing the ‘‘fine theory’’ of the gen- 
tleman from Racine, Mr. Ryan. 

Mr. Crawford didn’t know as ’twould be best for him, per- 
sonally, but he considered it democratic. 

Mr. Drake considered it republican—the very essence of the 
representative system. The people would know their man; the 
representative would know his constituents; and there would 
be more personal responsibility. This was the keeping ‘‘low”’ 
he liked. He was in favor of this true ‘‘low’’ person repub- 
liean system. 


1846] THE CONSTITUTION OF 1846 625 


Mr. Hicks denied that this was a party question, though he 
was perfectly willing to take issue on it if gentlemen wished. 
He felt sure that by the single district system Grant County 
would send a majority of Democratic representatives; but he 
believed in the measure, and should support it. 

The question was taken on Mr. Tweedy’s new section, which 
was adopted by the following vote [roll call 208].—Express, 
Dec. 8, 1846. 


Mr. Tweedy moved further to amend by inserting after the fifth sec- 
tion, as follows: ‘‘Section 6. The several boards of county officers, in 
such counties of the state as are entitled to more than one represen- 
tative, shall meet on the first Monday of July next and divide their 
respective counties into representative districts equal to the number 
of representatives to which such counties are severally entitled, and 
shall cause to be filed in the office of the secretary of state and of the 
clerks of their respective county boards a description of such districts, 
. specifying the number of each district and the proportion thereof as 
near as can be ascertained according to the last enumeration. Each 
representative district shall contain, as nearly as may be, an equal 
number of inhabitants, and shall consist of convenient and contiguous 
territory, but no town shall be divided in the formation of each district,’’ 
when Mr. Ryan moved to amend the amendment by striking out all 
after the word ‘‘territory,’’ in the last line but one. And pending the 
question thereon, on motion of Moses M. Strong the convention ad- 
journed. 


40 


626 WISCONSIN HISTORICAL COLLECTIONS [Dec. 4 


Fripay, DECEMBER 4, 1846 


Prayer by the Rev. Mr. Miner. 

The journal of yesterday was read and corrected. 

Mr. Parsons presented the memorial of citizens of Racine County, 
relative to the proceedings of a meeting of citizens of Yorkville, when 
Mr. Ryan moved that the further consideration thereof be postponed 
until the committee on revision shall have made their report, which 
was agreed to. 


Mr. Parsons presented the proceedings of a meeting in the 
town of Yorkville, Racine County, in which they resolve that 
they are in favor of the article on banks and banking as it now 
stands; that they were opposed to the abolition of capital pun- 
ishment; that they were in favor of the exemption of the home- 
stead of every family from forced sale; that they were in favor 
of an elective judiciary; and that secret societies ought not to 
be tolerated in this state-—Democrat, Dec. 5, 1846. 


Mr. Huebschmann presented sundry petitions of citizens of this 
territory relative to the elective franchise which were referred to the 
same committee of the whole which shall have under charge the sched- 
ule. 

Mr. Toland presented a petition of citizens of Washington County 
upon the same subject, which was referred to the same committee of 
the whole which shall have under charge the schedule. 


Mr. Huebschmann presented some ten or twelve petitions 
from various counties, signed by large numbers of persons, 
praying that all foreigners who had voted for the delegates to 
this convention be allowed to vote for the adoption or rejec- 
tion of the constitution, and that they be not required to take 
another oath to be eligible to the right of suffrage. 

Mr. Toland presented a petition from 112 of the inhabitants 
of Washington County of the same purport.—Democrat, Dee. 
5, 1846. 


Mr. Ryan introduced the following resolution, which was read, to 
wit: ‘‘Resolved, That the following be adopted as an article of the 
constitution : 


1846] THE CONSTITUTION OF 1846 627 


“*Section 1. No person convicted of any infamous crime in any court 
within the United States and no person being a defaulter to the United 
States or to this state or to any state or territory within the United 
States shall be eligible to any office of trust, profit, or honor in this 
state. 

‘‘Section 2. No person being elected or appointed to the office of 
governor, lieutenant governor, senator or representative In the legis- 
lature, a judge of the supreme or circuit courts, shall be eligible dur- 
ing his term of office to any other office of trust, profit, or honor in this 
state. 

‘Section 3. Every person elected or appointed to the office of gov- 
ernor, lieutenant governor, senator or representative in the legislature, 
a judge of the supreme or circuit courts shall be required to declare in 
his oath of office before he shall assume his office that he will not dur- 
ing the term for which he is elected or appointed to such office accept 
the office of senator or representative in Congress.’’ 

Mr. Bevans introduced the following resolution, which was read, to 
wit: ‘‘Resolved, That the committee on expenses be instructed to in- 
quire into the propriety of allowing to Charles Burchard of Waukesha 
County the necessary expenses incurred by him in regard to the con- 
test of his seat in this convention, and if the same be allowed, then the 
amount of the same shall be reported by the said committee.’’ 

Mr. Baker introduced the following resolution, which was read, to 
wit: ‘“‘Resolved, That the committee on miscellaneous provisions be 
instructed to inquire into the expediency of adopting the following to 
constitute a distinct section of the constitution: No person: who shall 
hereafter be entrusted with public moneys shall be eligible to any office 
of profit or trust until he shall have accounted for and paid over all 
moneys with which he shall have been so entrusted.”’ 

Mr. Hunkins, from the committee on engrossment, reported No. 31, 
“Article on [education], schools, and school funds,’’ as correctly en- 
grossed. 

Article No. 31 was then read a third time, when Mr. Noggle asked 
the unanimous consent of the convention to make the following amend- 
ments to wit: To insert after the word ‘‘direct,’’ in the fourth line of 
the first section, the words ‘‘and shall receive for his services a salary 
of not less than twelve, nor more than fifteen hundred dollars annu- 
ally,’’ and to strike out all after the word “‘eity,’’ in the second line 
of the fifth section. Leave was not granted. 

The question was then put on the passage of the said article and was 
decided in the affirmative. 

And the ayes and noes being required by the rules, those who voted 
in the affirmative were [affirmative 69, negative 28; for the vote see 
Appendix I, roll call 209]. 

So the article passed and the title thereof was agreed to. 

No. 10, ‘‘Article on the constitution and organization of the legis- 
lature,’’ was taken up, when Nathaniel F. Hyer moved to reconsider 
the vote adopting the amendment of Mr. Tweedy to the fifth section. 


628 WISCONSIN HISTORICAL COLLECTIONS [Dec. 4 


Mr. Magone moved a call of the convention, which was ordered, and 
Messrs. John M. Babcock, Berry, Brace, Cartter, Horace Chase, Dun- 
ning, Fuller, Goodsell, and Moses M. Strong reported absent. 

The sergeant at arms was sent for the absentees. 

Messrs. Dunning, Goodsell, Horace Chase, and Berry were excused 
from their attendance. 

The sergeant at arms reported all the absentees in attendance. 

Marshall M. Strong moved that leave of absence be granted to 
Messrs. Kellogg and Willard. Leave was granted. 

The question then recurred on the motion of Mr. Hyer to reconsider 
the vote adopting the amendment of Mr. Tweedy. And having been 
put, it was decided in the affirmative. And the ayes and noes having 
been called for and ordered, those who voted in the affirmative were 
[affirmative 55, negative 46; for the vote see Appendix I, roll call 210]. 


On THE LEGISLATURE 


N. F. Hyer moved to reconsider the vote by which the amend- 
ment of Mr. Tweedy was yesterday adopted, dividing the state 
into single districts. And said that he was in favor of the sys- 
tem of single districts, but he did not believe it could be car- 
ried out at the present time. 

George Hyer had voted for the amendment yesterday, but 
had become satisfied from the remarks of gentlemen on the 
amendment offered and not acted upon that it was impossible 
in practice, and that many members like himself had been de- 
ceived. 

Mr. Parks was in favor of the section adopted. It was the 
best principle that could be adopted by a republican govern- 
ment. It was the principle of New England on which the 
superstructure of republicanism had been reared. On this her 
schools had grown up. It brought the elector and the elected 
into immediate contact and acquaintance. 

Mr. Drake spoke in favor of the section, and said that it 
would prevent combinations of large cliques to carry large dis- 
tricts for party purposes—electing men who could not have 
been elected except by being chosen by so large a district. The 
large villages would control the politics of the county or dis- 
trict. 


The vote was reconsidered—ayes 55; noes 46.—Argus, Dee. 
8, 1846. 


1846] THE CONSTITUTION OF 1846 629 


The article on the organization of the legislature then came 
up, when N. F’. Hyer said that by the debate on the last propo- 
sition of yesterday he had become convinced that the fine 
theory could not be carried into practice. He even doubted the 
theory. He moved a reconsideration of the vote by which the 
section requiring the legislature to provide for the districting 
of the state had been passed. 

G. Hyer had been deceived; he had thought it a democratic 
measure; he had now discovered it was a political scheme. 

Moses M. Strong in justice to himself stated that he had 
voted for it yesterday for the purpose of moving a reconsider- 
ation. 

Mr. Parks showed that it was perfectly practicable and had 
been long practiced. 

Mr. Drake then showed that the theory was republican. 

The question was then taken, and the vote reconsidered— 
ayes 99, noes 46.—Ezpress, Dee. 8, 1846. 


Moses M. Strong moved to amend the amendment by inserting after 
the word ‘‘state,’’ in the first line, the words “‘except the county of 
Towa.’’ And the question having been put, it was decided in the nega- 
tive. And the ayes and noes being required by the rules, those who 
voted in the affirmative were [affirmative 28, negative 68; for the vote 
see Appendix I, roll call 211]. 


Moses M. Strong moved to amend the section proposed by 
excepting the county of Iowa. 

Mr. Vineyard asked Mr. Strong to include Grant. 

Mr. Strong: If you will help us get this in we will help you. 

Mr. Ryan: Will you help Racine? 

Mr. Strong: Certainly. 

The motion to amend was lost—ayes 28, noes 68.—Argus, 
Dee. 8, 1846. 


Mr. Parks moved a call of the convention, which was seconded, and 
Messrs. Berry, Horace Chase, Coombs, Dickinson, Dunning, Ellis, Hack- 
ett, Hunkins, and Mills reported absent. 

[Messrs.] Horace Chase and Mills were excused from their attend- 
ance. 

Mr. Ryan moved that the absentees be excused, which was agreed 
to. And a division having been called for, there were 49 in the affirma- 
tive and 39 in the negative. 


630 WISCONSIN HISTORICAL COLLECTIONS [Dec. 4 


The question was then put on adopting the amendment of Mr. 
Tweedy and was decided in the negative. And the ayes and noes hav- 
ing been called for and ordered, those who voted in the affirmative were 
[affirmative 47, negative 53 ; for the vote see Appendix I, roll call 212]. 

Mr. Tweedy moved to amend the said article by adding the follow- 
ing as section 5: 

“<Section 5. The several boards of county officers, in such counties 
of the state as are entitled to more than one representative, shall meet 
on or before the first Monday of July next and divide their respective 
counties into representative districts equal to the number of represen- 
tatives to which such counties are severally entitled; and shall cause 
to be filed in the office of the secretary of state and of the clerks of their 
respective county boards a description of such districts, specifying the 
numbers of each district and the proportion thereof as near as can be 
ascertained according to the last enumeration; each representative dis- 
trict shall contain as nearly as may be an equal number of inhabitants, 
and shall consist of convenient and contiguous territory.’’ 

And the question having been put, it was decided in the negative. 
And the ayes and noes having been called for and ordered, those who 
voted in the affirmative were [affirmative 27, negative 73; for the vote 
see Appendix J, roll call 213]. 

Marshall M. Strong moved to amend the said article by striking out 
the second section and inserting: 

‘‘Section 2. The number of the members of the house of represen- 
tatives shall never be less than 60 nor greater than 120. The senate 
shall consist of a number ef members not greater than one-third, or 
less than one-fourth of the number of the members of the house of 
representatives.”’ 

Moses M. Strong moved the previous question, which was ordered. 
And the question having been put, ‘‘Shall the main question be now 
put?’’ it was decided in the affirmative. 

The question was then put on adopting the amendment of Marshall 
M. Strong and was decided in the affirmative. 

The question was then put on ordering the said article to be engrossed 
for its third reading and was decided in the affirmative. And the 
ayes and noes having been called for and ordered, those who voted in 
the affirmative were [affirmative 68, negative 31; for the vote see Ap- 
pendix I, roll call 214]. 

Moses M. Strong moved that the vote ordering the said article to be 
engrossed be reconsidered, when Mr. Cooper moved that the said mo- 
tion be laid upon the table, which was disagreed to. 

Moses M. Strong moved the previous question, which was ordered. 
And the question having been put, ‘‘Shall the main question be now 
put?’’ it was decided in the affirmative. And the ayes and noes hav- 
ing been called for and ordered, those who voted in the affirmative were 
[affirmative 61, negative 37; for the vote see Appendix I, roll call 215]. 

The question was then put on the motion of Moses M. Strong to re- 
consider the vote ordering the said article to be engrossed and was de- 
cided in the negative. 


a 


1246] THE CONSTITUTION OF 1846 631 


On motion of Mr. Noggle the convention took a recess until two 
o’elock, P. M. 


TWO O'CLOCK, P. M. 


The convention resolved itself into committee of the whole for the 
consideration of No. 32, ‘‘ Article on the rights of married women and 
on exemption from forced sale,’’ Mr. Magone in the chair. And after 
some time spent therein the committee rose and by their chairman re- 
ported the said article back with amendments. 

Mr. Patch moved that the convention take a recess until seven o’clock, 
P. M., which was agreed to. 


RicHts or Margrep WoMEN AND Exemptions From Forcep SALE 


The article on these subjects was taken up and considered in 
the committee of the whole. 

Mr. Lovell moved to strike out the first section and insert, 
“that the legislature shall pass laws to protect the property 
of the wife.’’ 

Mr. Ryan opposed the section because it was contrary to the 
usages and customs of society, to the express commands of the 
Bible that ‘‘they twain shall be one flesh’’; because it would 
encourage men to be fraudulent by secreting their property 
under the cover of the wife’s name, and because the provision 
if adopted will lead the wife to become a speculator, and to 
engage in all the turmoil and bustle of life, liable to sue and 
be sued, and thereby destroy her character of a wife; and be- 
cause villains would be induced to seek wives not for their 
sake, but for the sake of covering up their frauds. 

Mr. Burt said that the argument of Mr. Ryan had satisfied 
him that the article was not right. 

Mr. W. R. Smith believed the adoption of the section would 
not have the demoralizing effect mentioned by Mr. Ryan. He 
looked upon the law as it now stands as a remnant of the feudal 
system, which ought to be abolished, and the sooner the better. 

The amendment of Mr. William R. Smith was adopted, viz., 
‘All real property and all personal property of the wife, 
owned by her at the time of her marriage, and that acquired 
by her afterwards, by gift, devise, descent, or otherwise than 
from her husband, shall be her separate property. Laws shall 


632 WISCONSIN HISTORICAL COLLECTIONS _ [Dec. 4 


be passed providing for the registry of the wife’s property 
and more clearly defining the rights of the wife thereto, as well 
as property held by her with her husband.”’ 

Mr. Cooper moved to strike out the second section and amend 
so that the exemption shall extend to forty acres only, and that 
to be a farm or village lot worth $600 and such personal prop- 
erty as may be prescribed by law. 

Mr. Ryan moved to amend that part proposed to be stricken 
out by inserting among the personal property the ‘‘tiger’’ of 
a gambler and the ‘‘fiddle’’ of a dancing master, which was 
lost. 

And the article was then reported to the convention.—Ar- 
gus, Dee. 8, 1846. 


SEVEN 0’CLOCK, P. M. 


On motion of Nathaniel F. Hyer the convention again resolved it- 
self into committee of the whole for the further consideration of No. 
32, ‘‘Article on the rights of married women and exemption from 
forced sale,’’ Mr. Magone in the chair. And after some time spent 
therein the committee rose and by their chairman reported the same 
back with amendments. 

Mr. Hicks moved that the convention adjourn, which was dis- 
agreed to. 

Mr. Ryan moved the previous question, which was not seconded. 

Mr. Randall moved that the convention adjourn, which was agreed 
to. And a division having been called for, there were 47 in the affirma- 
tive and 35 in the negative. So the convention adjourned. 


The convention then adjourned till seven o’clock, when the 
section on exemption was taken up and debated till a late hour. 
At length the committee rose and reported an article exempt- 
ing forty acres of land with the improvements, leaving to the 
owner to select the lot. 

The convention then adjourned.—Ezpress, Dee. 8, 1846. 


THE EXEMPTION BILL 
(Remarks of Mr. Patch, in committee of the whole, December 4, 1846) 


I rise, Mr. Chairman, to trespass upon the time of the con- 
vention for a few moments in support of the proposition now 


1846] THE CONSTITUTION OF 1846 633 


before the committee. My partiality for it is not the unstable 
conviction of a moment but a fixed or confirmed principle for 
years. 

Sir, for a long time I have witnessed the operation of laws 
for the collection of debts with something more than ordinary 
curiosity, and I do say that as far as my limited knowledge 
extends the laws of this territory as well as those of different 
states are too severe in their exactions and too repulsive and 
degrading in their tendencies. 

To prove these facts, Mr. President, I need not enter into 
detail of the misery and crime that is entailed upon the people 
of this country on account of the rigidity of our collection laws. 
They are facts which come home to the minds of members of 
this convention with a force not to be denied. Yes, sir, their 
blighting influences are seen by every eye and felt by the whole 
community. 

Sir, the time has been when it was considered criminal to be 
in debt, and the man that was so unfortunate as not to be able 
to meet his demands was brought before the tribunals of jus- 
tice and if found guilty incarcerated within the jail of the 
county. | 

But, thanks to the enlightening influences which surround 
the institutions of a republican government, that relic of bar- 
barism, that offspring of tyranny is doomed to the silent slum- 
bers of the tomb, never more to disgrace the statute books of 
the country. But the motive power which actuated that result 
did not stop there; the humane principle of the mind where 
the institutions of the country do not impede its full develop- 
ment is progressive, and it has progressed commensurate with 
other principles which have come within the scope of investi- 
gation and research, and the time has come that the people in 
their majesty have decided that further innovations are neces- 
sary, and it gives me pleasure that amidst the party rancor 
exhibited on this floor, growing out of subjects that have come 
within the purview of this convention, we can unite on common 
ground on this subject. The petitions sent up here demand it; 
the principles of liberty and the spirit of the age demand it. 


634 WISCONSIN HISTORICAL COLLECTIONS  [Deec. 4 


Sir, I am for progressing in this matter as far as equal 
rights and justice dictate and no farther. In matters of legis- 
lation the principles of justice should be the polar star to gov- 
ern all our actions; the rights of individuals should be held in- 
violate; and any legislature that does not make this the govern- 
ing principle in their actions diverges from the landmarks 
which united this confederacy. 

Sir, I have said that I am in favor of enacting laws for the 
collection of debts; the safety of the creditor calls for it; and 
I think it serves as a check upon the reckless latitude given to 
the credit system. 

But, sir, while I would extend an arm of the law to the cred- 
itor for the protection of his property, and assert his rights, 
I would not beggar the debtor nor erect over him a petty mon- 
archy (in the shape of a creditor) to trample upon him with 
impunity. 

Sir, I am for giving him a competency for the support of 
himself and family, not a bare pittance to meet the exigencies 
of a few days, regardless of sickness or any other misfortune 
which may befall him. No, sir, my philanthropy extends 
farther than that; it is not so circumscribed in acts of munifi- 
cence. I would give him a home, the permanency of which is 
fixed and immutable, that amid the changing vicissitudes which 
characterize the business transactions of life and amid calam- 
ities that beset his path a man can rise above the ruin that sur- 
rounds him and exclaim with a heart filled with gratitude and 
countenance beaming with joy—‘‘My home is left!”’ 

Sir, home is an endearing word; it has associations ac- 
companying it that touch the tenderest fibres that vibrate the 
human mind, and until the heart ceases to perform its func 
tions and the last pulsation is gone will that charm [not] cease 
to exist. Sir, the principles of liberty demand this exemption, 
and when I speak of liberty I mean that incorruptible liberty 
which was purchased by the blood of the Revolution and trans- 
ferred to us unsullied, and one great and leading feature of 
that liberty is the assertion of it through the ballot box, and I 
ask, gentlemen of the convention, if the ballot box has become 
corrupted, if the domineering influence of relentless creditors 


1846] THE CONSTITUTION OF 1846 635 


has not been a fruitful source to accomplish that result! But, 
sir, elevate the man above the proscriptive influence of the 
ereditor and you correct the evil; do this and you reinstate him 
on that high and lofty pinnacle where the God of nature placed 
him. I ask, gentlemen, if human nature does not require this 
exemption—if the glorious attributes of our nature do not 
plead the correctness of these principles. I have heard some 
gentlemen argue that if a man contracts debts he should be 
compelled to pay them. Sir, I have as much regard for indi- 
vidual accountability as any man; I hold that there are other 
principles equally true, that the God of nature has endowed 
us with life, that we are entitled to a sufficiency of this world’s 
goods to render that life agreeable and happy. 

Sir, it is the opinion of some members here that this ques- 
tion should be left with the legislature. I, for one, do not 
agree with them. I believe that in the first place the amount 
of property exempted should be liberal, sufficient for all the 
reasonable wants of the debtor and his family; that accom- 
plished, it should be engrafted in the organic law of the state 
for its permanency and stability; the interests of the creditor 
as well as debtor demand it should not be left open, subject to 
be modified or altered according to the caprice of succeeding 
legislatures. 

And now I ask in all sincerity, Shall we go home to our con- 
stituents without granting this boon so loudly called for by 
petitions? Are we to refer this subject to future legislative 
enactments, when the people with a unanimity seldom equalled 
proclaim immediate action? Sir, is the man who has been 
drawn here by oppression and adversity, with barely sufficient 
means to pay his expenses, and after the lapse of two or three 
years, by dint of industry, economy, and privation has gathered 
sufficient means to purchase a home—shall that home still be 
torn from him and he yet compelled to take the trail of the sav- 
age to elude the pursuit of his oppressors? No sir. Common 
Sense says no, and I hope the organic law will say no. 

For my part the path for me to pursue in this matter is open 
and clear. I am for saying to the creditor, ‘‘Thus far shalt 
thou go and no farther. The home of every man shall be held 


636 WISCONSIN HISTORICAL COLLECTIONS [pec. 4 


sacred.’’ There is no mandate that comes home to the mind 
with such force as the will of the people, and anybody invested 
with legislative powers that seeks to contravene that will by 
delaying action or shifting responsibility justly incurs the op- 
probrium of a common constituency.—Argus, Dee. 8, 1846. 


1846] THE CONSTITUTION OF 1846 637 


SATURDAY, DECEMBER 5, 1846 


Prayer by the Rev. Mr. McHugh. 

The reading of the journal of yesterday was dispensed with. 

Mr. Dennis moved that an additional member be added to the com- 
mittee on expenses in place of Warren Chase, who had returned home, 
which was agreed to. The Chair announced the appointment of Mr. 
Hunkins to fill the vacancy in such committee. 

Marshall M. Strong, from the committee on engrossment, reported 
No. 10, ‘‘ Article on the constitution and organization of the legisla- 
ture,’’ as correctly engrossed. 

Mr. Dennis introduced the following resolution, which was read, to 
wit: ‘‘Resolved, That the following section be adopted into and form 
a part of the constitution of the state of Wisconsin: 

**Section 1. There shall be no state printer in this state. The legis- 
lature shall contract for the printing of all laws and legislative jour- 
nals to the lowest and best bidder, upon reasonable notice being given 
thereof; and as far as practicable all the state printing shall be con- 
tracted for in the same manner.”’ 

William R. Smith introduced the following resolution, to wit: ‘‘Re- 
solved, That a committee of three be appointed to ascertain the amount 
of moneys which the treasurer of the territory has already received 
of the canal funds appropriated to the payment of the expenses of this 
convention, and what disposition has been made of the same, and also 
what funds are now available for the payment of the expenses of this 
convention.’’ And the rules having been first suspended for that pur- 
pose, the said resolution was adopted. The President announced the 
appointment of the following committee under said resolution, to wit: 
Messrs. Wm. R. Smith, Joseph Kinney, and Fuller. 

Mr. Harkin introduced the following resolution, which was read, 
to wit: ‘‘Resolved, That it is the decided conviction of this conven- 
tion that any foreigner who is not willing to make oath to support the 
Constitution of the United States is not entitled to the right of suf- 
frage.”’ 

The resolution introduced by Mr. Dennis, on the third instant, rela- 
tive to an appropriation to Messrs. Varney and Andrus [Vial], was 
taken up and adopted. 

The resolution introduced by Mr. Ryan on the fourth instant, rela- 
tive to incorporating in the constitution an article relative to disquali- 
fication of officers, was taken up and read the first and second times | 
and referred to the committee of the whole. 

The resolution introduced by Mr. Bevans on the fourth instant, rel- 
ative to paying the expenses of Mr. Burchard in contesting his seat; 
was taken up and adopted. 


638 WISCONSIN HISTORICAL COLLECTIONS [Dec. 5 


The resolution introduced by Mr. Baker on the fourth instant, rela- 
tive to disqualification for office, was taken up, when A. Hyatt Smith 
moved that the same be laid upon the table, which was agreed to. 

No. 10, ‘‘Article on the constitution and organization of the legis- 
lature,’’ was read the third time. And the question having been put 
on the passage of the said article, it was decided in the affirmative. 
And the ayes and noes being required by the rules, those who voted in 
the affirmative were [affirmative 73, negative 25; for the vote see Ap- 
pendix I, roll call 216]. 

No. 82, ‘‘ Article on the rights of married women and exemption from 
forced sale,’’ was taken up. And the question being on concurring in 
the amendments of the committee of the whole thereto, a division of 
the question was called for. 

The question being on concurring in the first amendment of the said 
committee, which was to amend the first section by striking out all after 
the word ‘‘all’’ in the first line, and insert|ing] “property real and 
personal of the wife, owned by her at the time of her marriage, and 
also that acquired by her after marriage, by gift, devise, descent, or 
otherwise than from her husband, shall be her separate property. Laws 
shall be passed providing for the registry of the wife’s property and 
more clearly defining the rights of the wife thereto, as well as to prop- 
erty held by her with her husband, and for carrying out the provisions 
of this section,’? Mr. Ryan moved to amend the same by adding ‘‘and 
the husband shall in no ease be liable for the contracts of the wife.”’ 
And the question having been put, it was decided in the negative. And 
the ayes and noes having been called for and ordered, those who voted 
in the affirmative were [affirmative 22, negative 76; for the vote see 
Appendix I, roll call 217]. 

Marshall M. Strong moved to amend the amendment by adding the 
following: ‘‘In all cases where the wife has separate property, the 
same shall be liable for all debts contracted by her individually.’”’? And 
the question having been put, it was decided in the negative. And the 
ayes and noes having been called for and ordered, those who voted in 
the affirmative were [affirmative 40, negative 61; for the vote see Ap- 
pendix I, roll call 218]. 

Marshall M. Strong moved to amend the amendment by adding the 
following: ‘‘Where the wife has a separate property from that of the 
husband, the same shall be liable for the debts of the wife, contracted 
before marriage.’’ And the question having been put, it was decided 
in the affirmative. And the ayes and noes having been called for and 
ordered, those who voted in the affirmative were [affirmative 90, nega- 
tive 9; for the vote see Appendix I, roll call 219]. 

Mr. Lovell moved to amend the amendment by striking out the words, 
“fas well as to property held by her with her husband.’’ And the ques- 
tion having been put, it was decided in the negative. And the ayes 
and noes having been called for and ordered, those who voted in the 
affirmative were [affirmative 40, negative 52; for the vote see Appen- 
dix I, roll call 220). 


1846] THE CONSTITUTION OF 1846 639 


Mr. Tweedy moved to amend the amendment by striking out the 
first section and inserting the following, to wit: ‘‘Section 1. The 
legislature shall enact suitable laws securing as far as it may be prac- 
ticable to the wife and her children the enjoyment of all property, 
both real and personal, owned by her at the time of her marriage, or 
which shall be acquired by her after marriage by gift, devise, descent, 
or otherwise. Provided, That all such property shall be so registered 
as to be clearly ascertained and distinguished from the property of the 
husband.’’ And the question having been put, it was decided in the 
negative. And the ayes and noes having been called for and ordered, 
those who voted in the affirmative were [affirmative 43, negative 56; 
for the vote see Appendix I, roll call 221]. 

The question was then put on concurring in the said amendment as 
amended and was decided in the affirmative. And the ayes and noes 
having been called for and ordered, those who voted in the affirmative 
were [affirmative 61, negative 35; for the vote see Appendix I, roll call 
222]. . 

On motion of Mr. Dennis the convention took a recess until two 
o’clock, P. M. 


The article on the rights of married women and exemptions 
was then taken up. Mr. Ryan proposed to add to the first sec- 
tion that the husband shall in no case be liable for the contracts 
of the wife, which was lost, ayes 22, noes 76. 

Marshall M. Strong then moved to add: ‘‘In all cases where 
the wife has separate property the same shall be liable for all 
debts contracted by her individually’’ which was lost, ayes 30, 
[40], noes 61. 

Marshall M. Strong then moved to add: ‘‘When the wife has 
a separate property from the husband the same shall be liable 
for debts of the wife contracted before marriage,’’ which was 
adopted, ayes 90, noes 9. 

Mr. Lovell moved to strike out that clause requiring also a 
registry of the property held by the wife in common with the 
husband. He considered that a more dangerous innovation 
than any of the others in the bill. 

It was opposed by Messrs. W. R. Smith and Judd, and lost, 
ayes 51, [40], noes 52. 

Mr. Tweedy then proposed to strike out the whole and in- 
sert that the legislature shall enact suitable laws for securing 
to the wife and her children the enjoyment of her separate 
property as far as practicable, provided that a registry of the 


640 WISCONSIN HISTORICAL COLLECTIONS  [Dec. 5 


same shall be made. He did not know but this thing might be 
done, but he had never seen a practicable mode. If this change 
is to be made, he thought it should be by the most skillful and 
iearned men, who should be chosen to revise our code. Said 
he, ‘‘No man without a whole lifetime of practice can begin to 
foresee the consequences of this change.’’ 

Te thought that until gentlemen could know just how it could 
be done with safety it would cause more mischief than could be 
calculated. He then spoke of the difficulty of registering the 
personal property of the wife. 

Mr. Judd thought that this leaving it to the legislature would 
kill the whole thing. Then, said he, lawyers will rise up in all 
parts of the house and tell them it is impracticable as he had 
seen in New York. He warned gentlemen against these in- 
sidious attacks. 

Mr. Tweedy said that was the very point. He felt that he 
should be recreant to his duty to the public and to his oath as 
a lawyer if he did not point out the difficulties. He was op- 
posed to hanging dead weights to the constitution, especially 
when not called for. 

The question was then taken on Mr. Tweedy’s amendment, 
which was lost.—Express, Dee. 8, 1846. 


TWO O’CLOCK, P. M. 


Article No. 382 was again taken up. And the question having been 
put on concurring in the second amendment of the committee, which 
was to strike out the second section and insert as follows, to wit: 
““Forty acres of land to be selected by the owner thereof, or the home- 
stead of a family not exceeding forty acres, which said land shall not 
be included within any city or village; or instead thereof (at the op- 
tion of the owner) any lot in any city or village, being the homestead 
of a family, and not exceeding in value dollars, shall not be sub- 
ject to forced sale on execution for any debt or debts growing out of 
or founded upon contract, either express or implied, made after the 
adoption of this constitution: Provided, That such exemption shall not 
affect in any manner any mechanic’s or laborer’s lien, or any mortgage 
thereon lawfully obtained, nor shall the owner, if a married man, be at 
liberty to alienate such real estate unless by consent of the wife,’’ it 
was decided in the affirmative. 

The question then being on concurring in the third amendment of the 
committee, which was to strike out of the second section all after the 


1846] THE CONSTITUTION OF 1846 641 


words “‘to wit’’ and insert the words ‘‘forty acres of land with the 
improvements thereon, to be selected by the debtor,’’ Horace Chase 
moved to amend the amendment by striking out the word ‘‘forty’’ and 
inserting the word ‘‘eighty,’’ which was disagreed to. 

Mr. Hicks moved to amend the amendment by adding, ‘‘In addition 
to what is now exempt by law, the homestead of every family not ex- 
ceeding eighty acres of land, or in lieu thereof any town lot or lots not 
exceeding in value two thousand dollars may be made by law exempt 
from any forced sale,’’ which was disagreed to. 

Hiram Barber moved to amend the amendment by striking out the 
word ‘‘debtor’’ and inserting in lieu thereof the word ‘‘owner,’’ which 
was agreed to. 

Mr. Beall moved to amend by striking out the word ‘‘forty’’ and in- 
serting the word ‘‘eighty.’’ And the question having been put, it was 
decided in the negative. And the ayes and noes having been called for 
and ordered, those who voted in the affirmative were [affirmative 37, 
negative 58; for the vote see Appendix I, roll call 223]. 

Mr. Cooper moved to amend the amendment by striking out the 
amendment and inserting ‘‘the homestead of a family, including forty 
acres of land used solely for farming or mining purposes, or in place 
thereof, at the option of the owner, any lot in any town, village, or 
city in this state, of the value including improvements not to exceed 
one thousand dollars, and such personal property as may be provided 
by law,’’ which was agreed to. And a division having been called for, 
there were 51 in the affirmative, negative not counted. 

Mr. Rogan moved to amend the amendment by adding, ““ Provided, 
That forty acres shall be always liable to be levied on and sold by exe- 
cution at law for any debts contracted for improvement or labor done 
by any mechanic or laborer upon such forty acres.’? And the ques- 
tion having been put, it was decided in the affirmative. And the ayes 
and noes having been called for and ordered, those who voted in the 
affirmative were [affirmative 50, negative 47; for the vote see Appen- 
dix I, roll call 224]. 

Marshall M. Strong moved to amend the amendment by adding, 
“‘Provided, also, said forty acres shall be liable to be sold on execu- 
tion issued on any judgment obtained for materials used in making 
improvements on said forty acres.’’ And the question having been 
put, it was decided in the negative. And the ayes and noes having 
been called for and ordered, those who voted in the affirmative were 
[affirmative 39, negative 57; for the vote see Appendix I, roll call 225]. 

The question was then put on concurring in the said amendment as 
amended and was decided in the negative. And the ayes and noes 
having been called for and ordered, those who voted in the affirmative 
were [affirmative 36, negative 57; for the vote see Appendix I, roll 
eall 226]. 

The amendments having been all disposed of, Mr. Parsons moved to 
amend by striking out the second section and insert[ing] the follow- 
ing: ‘‘The following property shall forever be exempt from all mort- 
gage sales and shall be exempt from all judgments from levy and sale 


41 


642 WISCONSIN HISTORICAL COLLECTIONS  [Dec.5 


upon any execution issued thereon, to wit: Forty acres of land which 
shall be cultivated by the owner, and any town, village, or city lot which 
shall be oceupied by the owner shall be so exempted from such sale: 
Provided, however, That hydraulic power shall not be so exempt.’’ 

Mr. Graham moved to amend the amendment by striking out the 
same and inserting the following, to wit: ‘‘The following property 
shall be exempt from levy and sale under any execution (except for 
taxes and upon the foreclosure of mortgages) for debt, to wit: Forty 
acres of land or one or more adjoining lots in a village, town, or city 
on which the dwelling house shall be situated, not exceeding one thou- 
sand dollars in value. And where the value of the same shall exceed 
one thousand dollars then so much of the same on which the dwelling 
house shall be situated to be selected by the debtor (unless the debtor 
shall fail to do so) as will amount to one thousand dollars in value,’’ 
which was disagreed to. 

Mr. Lovell moved to amend the amendment by substituting the fol- 
lowing, to wit: ‘‘A homestead of forty acres of agricultural land, or a 
lot or lots in any town, village, or city occupied by the head of a family, 
not exceeding in value the sum of dollars, shall be exempt from all 
lien by judgment, and from levy and sale on execution. Provision 
shall be made by law for the registry of such land or lots,’’ which was 
disagreed to. 

Mr. Noggle moved to amend the amendment by substituting the 
following, to wit: ‘‘Strike out the second section and insert as fol- 
lows, to wit: Forty acres of land to be selected by the owner thereof 
or the homestead of a family not exceeding forty acres, which said lands 
shall not be included within any city or village, or instead thereof (at 
the option of the owner) any lot or lots in any city or village, being the 
homestead of a family, and not exceeding in value dollars, shall 
not be subject to forced sale on execution for any debt or debts growing 
out of or founded upon contract, either express or implied, made after 
the adoption of this constitution ; Provided, That such exemption shall 
not affect in any manner any mechanic’s or laborer’s lien, or any 
mortgage thereon lawfully obtained, nor shall the owner, if a married 
man, be at liberty to alienate such real estate unless by consent of the 
wife.’? And the question having been put, it was decided in the af- 
firmative. And the ayes and noes having been called for and ordered, 
those who voted in the affirmative were [affirmative 67, negative 35; 
for the vote see Appendix I, roll call 227]. 

Marshall M. Strong moved to amend the amendment by inserting 
after the words ‘‘laborer’s lien’’ the words ‘‘or the lien of any per- 
son who may have furnished materials to make improvements on such 
forty acres or town lots.’’ 

Mr. Randall moved the previous question, which was seconded. And 
the question having been put, ‘‘Shall the main question be now put?”’ 
it was decided in the affirmative. 

And the question having been put on the [adoption of the] amend- 
ment of Marshall M. Strong, it was decided in the negative. And the 
ayes and noes having been called for and ordered, those who voted in 


1846] THE CONSTITUTION OF 1846 f 643 


the affirmative were [affirmative 37, negative 58; for the vote see Ap- 
pendix I, roll call 228]. 

The question was then put on adopting the amendment of Mr. Par- 
sons as amended and was decided in the affirmative. And the ayes 
and noes having been called for and ordered, those who voted in the 
affirmative were [affirmative 63, negative 34; for the vote see Appen- 
dix I, roll call 229]. 

The question was then put on ordering the said article to be en- 
grossed for its third reading and was decided in the affirmative. And 
the ayes and noes having been called for and ordered, those who voted 
in the affirmative were [affirmative 58, negative 40; for the vote see 
Appendix I, roll call 230]. 

Mr. Magone moved that the vote ordering the said article to be en- 
grossed for its third reading be reconsidered, 

Mr. Dennis moved to postpone the consideration of the said motion 
until Monday next, which was disagreed to. 

Mr. Fitzgerald moved that the convention adjourn, which was dis- 
agreed to. 

The question then recurred on the motion of Mr. Magone. And hav- 
ing been put, it was decided in the negative. 

Mr. Graham moved that the rules be suspended and that said article 
be read a third time now. And pending the question thereon, on mo- 
tion of Mr. Elmore, the convention adjourned. 


644 WISCONSIN HISTORICAL COLLECTIONS [Dec. 7 


Monpay, DECEMBER 7, 1846 


Prayer by the Rev. Mr. Miner. 

The reading of the journal of Saturday was dispensed with. 

Mr. Hesk presented the petition of citizens of Waukesha County, 
asking that no additional oath be required of foreigners to entitle them 
to the rights of citizenship, which was referred to the same committee 
of the whole which shall have under charge the schedule. 

Mr. Ellis introduced the following resolution, which was read, to 
wit: ‘‘Resolved, That the committee on contested elections be re- 
quested to inquire into the expediency of paying the expenses of M. J. 
Bovee in contesting his seat in the convention against Charles Bur- 
chard.’’ 

Mr. Manahan introduced the following resolution, which was read, 
to wit: ‘‘Resolved, That the following be adopted and made an article 
of the constitution, viz., ‘Section 1. Every act of incorporation which 
shall be passed by the legislature of this state [shall] at all times be 
subject to amendment, alteration, or repeal, at the pleasure of the leg- 
islature.’ ”’ 

The resolution introduced by Mr. Dennis on the fifth instant, rela- 
tive to state printer, was taken up, read the first and second times, and 
referred to the committee of the whole. 

Moses M. Strong moved that the committee of the whole be dis- 
charged from the further consideration of said resolution and that 
the same be indefinitely postponed. And the question having been put, 
it was decided in the affirmative. And the aves and noes having been 
called for and ordered, those who voted in the affirmative were [affirma- 
tive 49, negative 19; for the vote see Appendix I, roll call 231]. 

Mr. Ryan moved to reconsider the vote discharging the committee of 
the whole from the further consideration of [said] resolution, when 
Mr. Burchard moved a call of the convention, which was seconded. 

Moses M. Strong moved that all further proceedings under the call 
be dispensed with. And the question having been put, it was decided 
in the affirmative. And the ayes and noes having been called for and 
ordered, those who voted in the affirmative were [affirmative 47, nega- 
tive 27; for the vote see Appendix I, roll call 232]. 

The question then recurred on the motion of Mr. Ryan, when Mr. 
Burchard moved that the same be laid upon the table, which was dis- 
agreed to. 

The question was then put on the motion of Mr. Ryan and was 
decided in the affirmative. 

The question was then put on the motion of Moses M. Strong to dis- 
charge the committee of the whole from the further consideration of 
the said resolution and was decided in the affirmative. And the ayes 
and noes having been called for and ordered, those who voted in the 


1846] THE CONSTITUTION OF 1846 645 


affirmative were [affirmative 48, negative 42; for the vote see Appen- 
dix I, roll call 233]. 

Marshall M. Strong, from the committee on engrossment, reported 
No. 32, ‘‘Article on the rights of married women and on exemption 
from forced sale,’’ as correctly engrossed. 

Article No. 32 was then read the third time, when Mr. Lovell moved 
that the rules be suspended in order to refer the said article to a select 
committee of five, with instructions to amend the same, first, by striking 
out the first section; second, by substituting for the second section, in 
substance, the following: ‘‘A homestead not exceeding one thousand 
and five hundred dollars in value shall be exempt from forced sale un 
judgment and execution for any debt contracted after the registry of 
such homestead ; and laws shall be passed providing for such registry.”’ 

And the question having been put on the suspension of the rules, it 
was decided in the negative. And the ayes and noes having been called 
for and ordered, those who voted in the affirmative were [affirmative 
37, negative 58; for the vote see Appendix I, roll call 234}. 


ARTICLE ON THE RicHTs oF MarriepD WoMEN AND ON FORCED 
SALES 


Coming up on the third reading, Mr. Lovell moved to com- 
mit the article to a select committee of five, with instructions 
to report the article by striking out the first section, and to 
amend the section as follows, viz., ‘‘By substituting for the sec- 
ond section in substance the following: A homestead not ex- 
ceeding one thousand five hundred dollars in value shall be 
exempt from forced sale on judgment and execution for any 
debt contracted after the registry of such homestead, and laws 
shall be passed providing for such registry.”’ 

Mr. Lovell moved to suspend the rules for the consideration 
of this motion. 

Marshall M. Strong said that he understood that the friends 
of this bill had determined to pass it as it stands. The passage 
of this article would if passed compel him to use all his exer- 
tions against the adoption of the constitution itself. He then 
alluded to the course taken by the majority of the convention 
in relation to amendments offered by himself and Mr. Tweedy 
to the two sections of this article. The passage of this article 
would lead directly to the greatest frauds, and a consequence 
would be to bring the knaves of the world among us, and would 
induce men to seek redress by private punishments. It will 


646 WISCONSIN HISTORICAL COLLECTIONS  [pec. 7 


cut off all credits, and the business of the country will be placed 
in the hands of a few wealthy men. The destruction of the 
credit system will reduce men to barbarism. This second sec- 
tion amounts to an abolition of all laws for the collection of 
debts, and thereby will essentially injure the poor men by pre- 
venting them from obtaining any credit. He should vote for 
the reference, that its friends might make it what they desired; 
but would vote for anything that would get it out of the con- 
stitution. 

H. Chase: If a forty acres is valuable it will pay the greater 
taxes towards the support of government. 

He had no fear that the passage of this article would result 
in the ill consequences the gentlemen from Racine had imputed 
ta\4t, 

Mr. Judd said that he had heard the same cry of the indig- 
nation of the people and the prostration of credit, when the 
laws of exemption of a few articles and the body of the debtor 
from execution were passed in the state of New York. The 
result has shown the cry was not true, and no man dare advo- 
cate a return to the old system in that state or in any of those 
which have copied after them. 


Mr. Ryan said that he knew by and from whom the opposi- 
tion to the act to abolish imprisonment for debt in the state of 
New York came. It came from the safety-fund conservative, 
Old Hunker Democrats—that incubus on the Democratic party 
of that and every other state. 

A. H. Smith feared that the ingenuity of the lawyers would 
contrive to convert all contracts into trespasses and then the 
protection will be evaded. There is no limit to the article, and 
it will enable a man to invest any amount on the forty acres, 
and make men nabobs. He was in favor of some exemption, 
and would vote for one properly framed, but could not for this. 

Mr. Noggle replied at some length to the remarks of Marshall 
M. Strong. 

Mr. Lovell said that his object in making this motion had 
been to allow the friends of the bill to make the article what 
they desired it should be. 


1846] THE CONSTITUTION OF 1846 647 


Mr. Brace spoke against the general principles of the article. 
The motion to suspend the rules was lost—ayes 37, noes 58, 
not two-thirds.—Argus, Dec. 8, 1846. 


ON THE PASSAGE OF THE ARTICLE ON THE RIGHTS OF 
MARRIED WOMEN AND EXEMPTION 
FROM FORCED SALE 


(Speech of Marshall M. Strong, December 7, 1846) 


Mr. Preswent: From the first day of the session until now 
I have anxiously watched over the formation of the constitu- 
tion. I have not been absent at a single vote. I have felt the 
responsibility of the station as fully as if the people of the 
whole territory had been present and intently gazing upon us. 
I have passed over in silence many personal attacks. I had 
hoped that we should have formed a constitution which would 
have been a blessing to the people and an honor to the mem- 
bers of this convention, and although thus far it was not in 
some particulars what I wished it to be, I had determined to 
give it my active support. But I am told that the friends of 
this measure have agreed in a caucus to pass it as itis. If 
this shall become a part of the constitution, a sense of duty 
will compel me to oppose the whole instrument with my utmost 
zeal. I say it calmly, with mature reflection, and with deep 
regret. I shall state my reasons briefly, although the majority 
is evidently impatient. 

I am aware that a number of my colleagues and personal 
friends, men whom I respect and know to be honest, are the 
supporters of the measure. I wish them to understand that, 
however strongly I may express myself, I mean no disrespect. 
I fully appreciate the humane motives which induce the ac- 
tion of some here—they desire to shield the poor from want and 
destitution and to prevent the abuses of credit. 

Each of the propositions contained in this article is novel. 
Nothing similar to them can be found in the constitution of any 
state except Texas, and surely we will not go to that noted asy- 
lum for all the desperadoes in the country for examples of 


648 WISCONSIN HISTORICAL COLLECTIONS  [Dee. 7 


public morals and correct laws on the collection of debts. Nor 
is any such principle as that contained in the second section to 
be found in the statutes of any state. It is no place here to 
experiment. If such provisions ought to be made, they should 
be by legislative enactment. They are not necessary in the con- 
stitution—they do not affect any of the departments of goy- 
ernment, executive, legislative, or judicial—they are mere laws 
and need all the checks, guards, and details of statutes. Even 
then, if drawn with the greatest care by the ablest men, they 
would require continual amendment from year to year as cir- 
cumstances should develop their imperfections. But the ma- 
jority here has rashly and inconsiderately determined to place 
them at once into the fundamental law of the land. 

It may be well for us to pause for a moment and consider 
the progress of this measure in the convention. The article 
as originally reported was generally considered to be the great- 
est absurdity ever proposed to a deliberative assembly. It was 
first taken up on Friday evening last and considered, or rather 
the time was spent upon it, amidst the greatest uproar and 
confusion. It was again considered on Saturday. In the fore- 
noon I offered an amendment to the first section, when the 
member from Dodge (Dr. Judd) immediately arose and said 
that the amendment was offered by an enemy to the article, 
that it was insidious, and he called upon all the friends of the 
measure to stand up to it and vote down the amendment. 
They did so, voting by the ayes and noes. I immediately of- 
fered a second amendment; the member from Dodge said he 
should vote for it, and some other member said that a good 
thing might come from a bad source, and it was adopted al- 
most unanimously. Soon after, the gentleman from Milwau- 
kee (Mr. Tweedy) offered an amendment and supported it by 
a calm, courteous, statesmanlike, argumentative, and, I will 
add, unanswerable speech of some thirty minutes’ duration. 
He stated that he had thought and read much upon the subject 
for a few years past—that if the section passed as it stood it 
would make inextricable confusion in the laws and lawsuits 
innumerable. I doubt not but that he actually convinced three- 
fourths of the members present of the correctness of his posi- 


1846] THE CONSTITUTION OF 1846 649 


tions. No reply was made to it except that the member from 
Dodge stated that it was an insidious amendment and that it 
had been proposed by an enemy to the article, whereupon it 
was voted down by a large majority. 

An insidious amendment! Did the member from Dodge wish 
to be understood that the amendment had a hidden meaning 
which did not at once appear? That, although it purported to 
perfect the article, it was designed to destroy it? And that all 
the remarks made by the gentleman from Milwaukee were de- 
signed to deceive the convention? His language could mean 
nothing else. The house endorsed it by an overwhelming vote. 
Sir, the gentleman from Milwaukee deserves better from this 
body. His services have been too valuable here, and his course 
has uniformly been too open, frank, and honest, that he should 
be thus branded as a practicer of deception. These are humil- 
iating scenes. I have felt the indignity, but this feeling has 
been entirely absorbed in the profoundest regret at the great 
wrong we are about to do to the constitution and the deep dis- 
grace we shall fasten upon the territory. Thus, sir, with such 
haste, such confusion, such rashness, such passion, we are about 
to make a law, which it is intended shall continue for years, 
and affect hundreds of thousands of persons in all their busi- 
ness transactions and in all the relations of life. But enough. 
I hasten to speak of the measures themselves. 

My colleague (Mr. Ryan) has shown very ably and conclu- 
sively that the principle contained in the first section is fraught 
with evil, and the gentleman from Milwaukee (Mr. Tweedy) 
has shown as ably that it is as utterly unsafe and impracticable 
to attempt to carry it out in the constitution. I will not repeat 
their arguments. 

The second section provides that forty acres of land, to be 
selected by the owner, shall be exempt from sale. on execution 
issued on judgment obtained for debt contracted after the 
adoption of the constitution. There is no limit to the value of 
the land. There is many a tract of forty acres in the mining 
region worth from five thousand dollars to forty thousand dol- 
lars. It may be situated adjoining a village or city, or may 
contain valuable hydraulic power, or it may have buildings 


650 WISCONSIN HISTORICAL COLLECTIONS  [Dee. 7 


and improvements on it to an unlimited value. The tract is 
not required to be selected or registered before the debts are 
contracted. The debts may be contracted in any state of the 
Union by residents of this state or of other states. Indeed the 
owner of the property thus exempted is not even obliged to be 
a resident of this state. Sir, this is the most outrageous, the 
most flagrant, and the most stupendous provision for fraud 
that was ever devised. It is worthy of the annals of the French 
Revolution. When properly translated it means this: ‘* Every 
person who can after the adoption of this constitution 
in any manner obtain the property of his neighbors or of 
strangers to an amount not exceeding $100,000 shall be pro- 
tected in the enjoyment thereof, and the real owner shall be 
forever deprived of it.’’ 

Or this: 

‘‘Kivery knave in any state of the United States or in any 
other country, and every person who, under great temptations 
may be induced to become knavish, who shall hereafter obtain 
the property of others by such means as to be liable only in an 
action of debt, and shall bring the same to this state, shall be 
forever protected in the free and unmolested enjoyment there- 
of, under the broad shield of our glorious constitution.’’ 

I would as soon vote to have either of these translations in 
the constitution as the original. Suppose a man in embar- 
rassed circumstances residing in some town in the state of New 
York near a farmer worth some five thousand dollars. Under 
some pretence he procures his endorsement to that amount. 
Having obtained the money, and read our glorious constitu- 
tion, and converted his property into cash, he comes to Wis- 
consin and purchases a valuable flouring mill and the forty 
acres upon which it stands. Soon the farmer is compelled to 
pay the endorsed notes; his property is all sold for that pur- 
pose; his wife and children are turned out upon the world, des- 
titute and penniless. He follows his worthy neighbor to Wis- 
consin, ascertains his place of residence, calls upon him, and 
finds him sleek, contented, surrounded with all the luxuries of 
life, and perhaps exceeding polite withal. But the farmer is 
informed that it is not convenient for the man to pay him then. 


1846] THE CONSTITUTION OF 1846 651 


He calls upon a constitutional lawyer to ascertain what remedy 
he has, and the lawyer very gravely says to him— 

‘¢Sir, the law furnishes you with no remedy. Our wise men 
in the days when the constitution was made anticipated such 
cases as these and have expressly provided that your worthy 
friend shall be protected in the enjoyment of what he has. 
Possession formerly was only nine points in the law, but it is 
now ten. The reason of the law is this, that every man should 
be protected in holding what he has in his own possession, no 
matter how he came by it, for lawsuits to ascertain these con- 
flicting rights are very expensive. Besides you should not re- 
pose confidence in any of the human race, and as it seems you 
have, you are therefore justly punished therefor.”’ 

But seriously, sir, what think you would be the emotions of 
that man when he found that for him there was no legal re- 
dress? Would he not at one and the same moment think of his 
destitute family and of the robber who had destroyed him? 
Would there not be a hell in his bosom? Would he not again 
seek out the villain and redress his own grievances? Would 
he not be tempted to resort to violence and even bloodshed? 
The crime of Bonham, who was lately convicted of murder, 
grew out of a similar state of things. He owned an undivided 
half of a claim to a mill seat. Keene, the victim, owned the 
other half. Keene obtained the legal title to the whole. -Bon- 
ham had no protection in law for his half and therefore under- 
took to enforce his right with his own hand; hence the mur- 
der. Pass this act, and I predict that violence and murder 
will abound. In a barbarous state of society each man re- 
dresses his own grievances. When man becomes a member of 
civilized society he is under the protection of the laws and is 
not permitted to obtain his right by force. You propose in this 
instance to take away all the redress the law affords, and do 
you suppose that men will not then resort to the remedies 
which they had in a state of nature? Thus, this section not 
only offers a splendid bounty to all the villains in the world 
to resort to Wisconsin, but it invites lawlessness and murder. 
Sir, | dare not vote for this section! I will not vote for the 
constitution if it contains it, either here or at the polls. But, 


652 WISCONSIN HISTORICAL COLLECTIONS [Dec. 7 


on the contrary, will spare neither time, or exertions, or means 
to defeat it. What, shall Wisconsin be disgraced among the 
nations of the earth? Shall she have fraud blazoned forth in 
flaming letters upon her constitution? No, the moral sense of 
our people forbids it. Retain this section and they will reject 
your constitution with scorn. They owe it to themselves and 
they will do it. They will set their mark of indignation 
upon it. 

But, say some of the friends of the section, ‘‘Frauds are 
practiced under all laws; you cannot prevent them.’’ 

When practiced now they are evasions of the law. But when 
practiced under this section they will be in full compliance, 
not only with the letter but with its spirit. Some have told me 
this is precisely what they desire. They wish to make that 
legal which is now fraudulent. What can be said when such 
abominable sentiments are so unblushingly avowed? Others 
who are supporting this article are deluded; they are frantie. 
I say it in charity. 

This article will prove destructive to the best interests of 
society in another manner to which I will briefly revert. No 
matter how much property a man may have, or what kind of 
property it may be, so long as he is able to convert it all into 
a valuable forty acre tract, which will be exempt from execu- 
tion, no man can trust him without knowing that it is in the 
debtor’s power at any time to deprive him of all legal remedy 
to collect the debt. The consequence is, then, that at one fell 
Swoop you destroy all credit. ‘‘Yes!’’ say some (I think there 
are about twenty of them) ‘‘That is precisely what we desire!”’ 
They have seen the abuse of credit and its evils, and there- 
fore wish to destroy credit itself. It would be about as wise 
to say that we should not eat because we sometimes eat too 
much, or should not sleep because we sometimes sleep too 
much, and that every good thing in this world should be pro- 
hibited because it is sometimes abused. 

Sir, all my reading and reflection have taught me that those 
are the best laws which tend the most to bring capital and la- 
bor together, but by this section you place them wide apart. 
Capital without labor is good for nothing because it produces 


- 
F 
* = 


1846] THE CONSTITUTION OF 1846 653 


nothing. Labor without capital in the present state of society 
is of little worth. Man can do little with his bare hands. He 
must have a shovel or an ax or some implement, and this is 
capital. The farmer must have his farm, his agricultural um- 
plements, and his stock, and this is his capital. The mechanic 
needs for his capital tools and a stock in trade. The manu- 
facturer’s machinery is his capital, and how much more pro- 
ductive is the labor of a hand there than at a spinning wheel. 
What, destroy credit! Destroy trust and confidence between 
man and man? Make every man an isolated being in society! 
Would you reduce us to the barbarism of Turkey, where there 
are no debts? Would you say that the capital of the widow, 
and of the orphan, and of the capitalist should lie idle and un- 
productive, and thus impoverish them? And that, too, when 
a poor man needed it, and thus impoverish him? Is there a 
farmer here who could not profitably use more capital upon his 
farm? Have not some of you greatly suffered for want of it? 
Are you all prepared now to carry on your business and sup- 
port your families until another year’s crop shall be gathered, 
especially if sickness should visit you, without incurring a 
single debt? Sir, man is a discontented being. He dwells 
mostly upon the evils of his lot. In the full enjoyment of 
health he prizes it not, but the moment the least sickness comes 
he is loud in his complaints. Thus have they done with credit, 
which is not only the bond, but the distinguishing mark of 
civilized society. 

But, sir, the evils of credit have borne no comparison to its 
benefits. I have resided in Racine County for ten years and 
during all that time there has not been a single homestead sold 
in the north half of it on execution which has not been re- 
deemed. And the farmers there have been very seldom sued 
for debt. I appeal to my colleagues for confirmation of this 
statement. I believe that ninety-nine hundredths of the credit 
given there has proved beneficial. Now, sir, a majority of 
those who support this section do it upon the broad principle 
that all laws for the collection of debts should be abolished. 
Is it possible that in the year 1846, in a convention of picked 
men to form a constitution for a sovereign state, it should be 
necessary to refute such doctrines? 


654 WISCONSIN HISTORICAL COLLECTIONS  [Dec. 7 


It is said that the people demand this provision; that it is 
popular; that your table is covered with petitions. I have 
seen the petitions; they are printed and I am credibly informed 
that great pains have been taken to circulate them. We all 
know with what facility names can be obtained to petitions, 
especially where the object is plausible and apparently hu- 
mane. Three or four active men could have caused as many 
petitions with as many signers to be sent to you on almost any 
subject. I am well satisfied, too, that a public opinion upon 
this subject has been industriously manufactured here from 
the commencement of the session. I have frequently had oc- 
casion to observe that the public opinion at the capital, how- 
ever overwhelming, however much it might be brought to bear 
upon those who trimmed to the popular breeze of the day, was 
not the public opinion of the territory. There is always around 
us a vast jury of sober, right-minded men, who are not politi- 
cians and have their own opinions, and what is right and just 
I have ever found to be their verdict. But, sir, what do these 
petitioners ask for? The exemption of a homestead, and not 
for the protection of an unlimited fortune. If their petition 
had been complied with—although I do not think they would 
have derived from it the benefits they expect—it would have 
been comparatively unobjectionable. 

But if the principle were correct, the section itself is so erude 
and imperfect that it should have place in no constitution. It 
does not carry out the doctrines of its supporters, and there is 
not one in ten of them who are satisfied with it. Why say that 
the mechanic or laborer in the village should be limited in the 
amount of his property exempted and the resident in the county 
unlimited? Why limit the exemption in the village to a home- 
stead and not place the same limits upon property in the coun- 
try? Why not permit the citizen of a village owning a home- 
stead worth $1,100 to hold some property exempt? If the ob- 
ject is to protect the poor, why not exempt the property of' 
those who are not able to be freeholders? Who are compelled 
or find it to their interest to live in hired tenements? Are they 
too poor for your tender mercies? If the object is, as claimed, 
to provide the wife and children a home in ease of the dissipa- 


1846] THE CONSTITUTION OF 1846 655 


tion, extravagance, or folly of the husband, and therefore you 
say he shall not alienate it without her consent, why permit 
him to mortgage it, to lease it, to confess judgment which shall 
be a lien upon it, and consent that it may be sold on execution? 
If you intended to exempt a homestead according to the prayer 
of the petitioners why did you not say that the forty acres 
should be a homestead and that the exemption should not ex- 
tend to the property of single men and nonresidents of the 
state? Why should a single man be permitted to own forty 
acres exempt from execution and not a town lot? What do 
you mean by a village? An incorporated village, a piece of 
land, a plat of which has been recorded, or a place where there 
is a near neighborhood of families? If you give the mechanic 
or laborer who works upon the premises a lien, why not the 
mechanic or laborer who worked off the premises and fur- 
nished materials to make improvements thereon? Does the 
working on or off a particular tract of land make any differ- 
ence in the justice of the claim? Yet, when I proposed to place 
these laborers upon an equal footing, I was denounced as the 
mover of an insidious amendment. Your sympathies seem to 
run in strange channels; you like the carpenter and mason, but 
have no affection for those who make brick and lime and lum- 
ber. Sir, the whole section is ill digested, incongruous, carry- 
ing out no principle, and violating every one which has been 
avowed by its friends, except that of those who wish to legalize 
frauds. If such a thing could have happened that there had 
been a union of unprincipled and honest men for the purpose 
of adopting a measure of this kind, and they had agreed upon 
this section, the former would have had entirely the advantage. 

It is humane and praiseworthy to sympathize with the suf- 
ferings of those wives and children whose husbands and 
fathers are intemperate, idle, extravagant, or reckless, and it is 
philanthropic to seek to alleviate them. But these sufferings 
are attached to such courses of life by the immutable laws of 
the Deity, and it is worse than useless for us to try to repeal 
those laws: 


How small of all that human hearts endure 
That part which laws or kings can cause or cure. 


656 WISCONSIN HISTORICAL COLLECTIONS  [Dec. 7 


The language which this section holds to the people is the 
following: ‘‘You are in danger of becoming intemperate, and 
we will protect you from it. You abuse your credit, and we 
will guard you against your own imprudences.’’ Sir, man’s 
free agency is his loftiest and proudest attribute, and when you 
trench upon it in the slightest degree, you offer him the great- 
est indignity. The people will scorn such proffered kindness; 
they will spurn your guardianship and be indignant at the 
intimation it contains. The people of this territory have 
made their own fortunes, they have worked out their own 
way in life, and if there is any trait of character for which 
they are peculiarly distinguished, it is that of self-reliance. 
They have, too, a high sense of the obligation of debts, 
and would not care to avoid their payment even if they had 
an opportunity. I have often said that in this respect the 
character of our people is far above that of the citizens of 
Illinois, Michigan, or those of most of the western states, and 
I know that it is so regarded in the eastern cities. I say this 
not to flatter the people. I despise demagogism from the 
bottom of my heart. It is the crying evil of our age and coun- 
try. It falls like a blight upon the greatest men of the nation. 
It causes them to shake like aspen leaves in every little popu- 
lar breeze, however circumscribed it may be in extent or in 
short in duration. 

Since I have been here I have been gravely told an hun- 
dred times that I have been shut up in my office and know noth- 
ing about the will of the people and am entirely behind the 
age. Sir, I have represented Racine County for four years in 
the legislature and have never been instructed by my constitu- 
ents or warped from my course by lobby members. I have 
never gone about the county to gather the opinions of this or 
that knot of men, but have seriously set about by study, reflec- 
tion, and conversation to ascertain what was right, and have 
then acted accordingly, and by so doing have complied with the 
will of my constituents. And I say further that I would not 
vote for this section if every one of my constituents desired it, 
but would resign. A representative cannot vote for an im- 
moral measure and shield himself from responsibility by 


1846] THE CONSTITUTION OF 1846 657 


thinking or pretending to think that he is instructed or by be- 
ing actually instructed. No man under any circumstances can 
knowingly and innocently be made an instrument to do an im- 
moral act. 

Sir, I shall vote for the reference to the select committee 
with the hope that the friends of the measure will make it less 
objectionable. Since I learned that it must pass in some 
shape, I have been unwearied in my efforts to improve it and 
have sought private interviews with all the friends of the 
measure to whom I could gain access and who would be likely 
to listen tome. I stated to them frankly and fully all my views 
upon the subject and warned them of the evils which I feared 
from it. I besought them most earnestly to give the subject a 
more careful consideration, but my admonitions they have not 
heeded. I am disheartened. I have never before witnessed 
in the consideration of any great measure such a fixed deter- 
mination not to hear, not to feel, not to think. It has been 
called the poor man’s law, and those who would not sustain it 
have been denounced as aristocrats and hard-hearted oppres- 
sors. Sir, it is the poor man’s destruction and the knave’s 
magna charta. 

Should this section pass as it is, and the people adopt the 
constitution, I predict—and mark my words—those who hear 
me now, whatever their present opinions may be, will respect 
me the more for the plain manner in which I have spoken. 
One gross instance of fraud under this section will so shock 
the moral sense of the whole people of the territory that they 
will imperiously demand its repeal. And we shall not have 
one such instance alone, but hundreds: Our whole country will 
be a den of thieves. 

Sir, when I see such a general invitation for the most stu- 
pendous frauds about to be engrafted into our constitution and 
know that violence and bloodshed will follow in its train—when 
I see that the business of the country is about to be cut off by 
the destruction of credit and think of the attendant distress— 
when I think of the disgrace which will attach to the name of 
Wisconsin abroad and the blush of shame which will crimson 
the cheek of every honest citizen who loves his adopted state— 


42 


658 WISCONSIN HISTORICAL COLLECTIONS  [Dec. 7 


and when I remember the furious manner in which this meas- 
ure has been carried and the large majority it has obtained—I 
have no hope left except in the purity and integrity of the peo- 
ple-—Ezpress, Dec. 15, 1846. 


EXEMPTION AND THE RIGHTS OF MARRIED WOMEN 
(Speech of Mr. Noggle, in convention, December 7, 1846) 


Mr. Preswent: I will ask the indulgence of the convention 
for a few moments, while I answer a few of the arguments of 
the gentleman from Racine (Mr. Strong) against the article on 
the rights of married women and exemption of real estate from 
execution. 

Sir, until this moment I had designed casting a silent vote 
in favor of the article; but, sir, when a provision, proposed to 
be made a part of the fundamental law of the land, one founded 
in so much equity and justice as is the one now before us, con- 
taining principles in which the honest laborer, the poor man, 
and the honest yeomanry of the country are so deeply inter- 
ested, I cannot silently sit by and witness the sophistical as- 
saults of the gentleman from Racine upon the article and its 
friends without endeavoring in my feeble manner to free it 
from some of the abuses by him thus heaped upon it. Doubt- 
less the gentleman closed his remarks in full confidence that he 
had totally annihilated not only the article but its friends also. 

Sir, I listened to his sedate, sanctimonious, and affected min- 
isterial denunciation of the doctrines of the article with great 
attention, and the more so because it came from one who[m] 
I had long placed great confidence in as a public man, one for 
whom I had heretofore entertained the highest respect person- 
ally and politically; and when he closed this valedictory I could. 
scarcely make myself believe that a gentleman in whose sound- 
ness and correct democratic principles I had so long confided 
had been addressing the convention. I was much inclined to 
the belief that the speaker was some old superstitious con- 
servative, and after hearing his able speech and seeing him 
take his seat apparently with great complacency, I really for 


1846] THE CONSTITUTION OF 1846 659 


the moment was much inclined to imagine that we had just wit- 
nessed Wisconsin’s funeral sermon. 

The gentleman says he has besought the friends of this ar- 
ticle most earnestly to endeavor to get them to improve it; that 
he has sought private interviews with them; that he warned 
them of the evils that would grow out of it; but they have not 
heeded. Sir, his entreaties were unsound; they had not the in- 
terest of the common people at heart. The friends of the ar- 
ticle had been too forcibly impressed with the gentleman’s de- 
termined hostility to believe him sincere in his pretended de- 
sire to make the article more perfect; they believed he was 
seeking its destruction by parliamentary technicalities, all of 
which was his right and for which none complain. The gentle- 
man thinks it very hard that the friends of this measure should 
determine in caucus to support it. Does he deny their right 
todoso? Does not the gentleman caucus with his friends upon 
every favorite measure of his? Yet because the friends of this 
measure have seen proper to pursue the gentleman’s practice, 
he solemnly concludes that if this article is made a part of the 
constitution he must and will oppose its adoption by the peo- 
ple, and that, too, with his utmost zeal. Sir, was it the caucus 
that alarmed him? Had not the article been ordered to be en- 
grossed for a third reading by a decided majority previous to 
any caucus being held, and that, too, in despite of the gentle- 
man’s ingenious opposition? Yes, sir, and the gentleman 
found himself in the minority, a position that doubtless always 
gives him pain; he found himself contending against the true 
interests of the common people; he saw that a great and noble 
principle was about being engrafted into our constitution; that 
at last a small species of legislation was about to be sent out 
to the world professing to guard the best interests of the com- 
mon people, and—what is still no doubt painful to the oppo- 
nents of this article—it did not originate with them. 

The gentleman from Racine condemns the article for two rea- 
sons: First, because the constitution of Texas contains similar 
provisions, and second, because no such provisions are con- 
tained in the constitution of any other state. Therefore Wis- 


ie 


660 WISCONSIN HISTORICAL COLLECTIONS [Dec. 7 


consin must forbear; she must not experiment; she must not 
improve. 

I will answer the first objection by simply saying that when 
Texas does a correct or a good thing Wisconsin should have 
sufficient sense of justice to give her credit for it and not pass 
condemnation upon correct principles merely because they had 
their origin with Texas. As to the second objection, I have 
only to say, that from the very highest Democratie authority 
the principles contained in the Texas constitution upon the 
subject of protecting the rights of married women and of ex- 
emption of property are strongly recommended and highly ap- 
proved. I would also say that the age in which we live is an 
age of improvement as much for Wisconsin as any other state 
in the Union. 

It is said that the article is properly a statute law and should 
not be in the constitution. Sir, there are strong reasons why 
this article should be in the constitution, if it exists at all. 
First, because it is the declaration of a great general principle, 
and should be uniform and permanent, and should be placed 
beyond the power of the legislature to increase or diminish, 
alter or repeal at pleasure; otherwise, momentary excitement 
would tend to interfere unfavorably with great general prin- 
ciples, and would thereby produce an unsettled state of things 
to the great injury of both debtor and creditor, all of which 
will be most effectually reminded by the constitutional provi- 
sion. The whole matter in relation to the practicable opera- 
tion as to detail is with the legislature, and with that body the 
friends of the measure are now willing to leave it, believing 
that they will provide amply for carrying into effect the true 
spirit, meaning, and intention of the fundamental law. If we 
should finally make this article a portion of the constitution 
without fixing the value of the real estate exempted thereby, 
the legislature will take care of that deficiency. But, sir, I be- 
lieve that all such imperfections will yet be perfected before our 
constitution is finally completed. I am in favor of fixing the 
value of the forty acres of land so that it shall not exceed one 
thousand dollars. But the enemies to the article as yet have 
prevented the friends making the improvement they desire. 


1846] THE CONSTITUTION OF 1846 661 


The gentleman from Racine appears to pass condemnation 
upon the convention for their treatment of himself and the gen- 
tleman from Milwaukee (Mr. Tweedy). With that I have 
nothing to do; I have discovered no improper treatment to- 
wards either gentleman upon this floor. 

Reference is made to able arguments made against the first 
section of this article as proof positive that we should not sup- 
port it and that it must be wrong. Does it follow as matter of 
course that right is always on the side of able arguments? 
Does an able argument make a false position correct? No one 
doubts that either of the gentlemen referred to can make able 
speeches, even on behalf of false and incorrect positions. I 
do not deny that in discussing the section in relation to the 
rights of married women, and finally the whole article, the gen- 
tlemen who oppose it have played the lawyer well; yet the ver- 
dict of this convention and the verdict of the people of this 
new state will be against them upon this subject. 

Sir, I think I have witnessed more unfairness in the discus- 
sion of this article than any other before the convention; both 
the gentlemen from Racine (Mr. Strong and Mr. Ryan) and the 
gentleman from Milwaukee (Mr. Tweedy) have assumed as the 
basis of their arguments that females, that wives, are common 
combinations of fraud, deception, and dishonesty. No other 
construction can reasonably be put upon their arguments; yet I 
have too much charity to believe that they will willingly sub- 
seribe to such a doctrine. No sir; it is an imagination produced 
by lashing themselves into excitement upon a false and errone- 
ous idea that all is about to be lost merely because we are in- 
clined to extend some small rights to the better half of man as 
well as to man himself. Sir, these gentlemen tell us that the 
gentle, fair sex are so destitute of virtue and integrity that they 
will sell their peace for pence—always in the market ready and 
anxious to traffic away their domestic happiness for dollars 
and cents—that the intelligence, integrity, virtue, and excel- 
lence of your mothers, your wives, and your daughters depend 
wholly upon legislative action. Consequently they are greatly 
concerned for all future husbands if this article should finally 
be adopted. 


662 WISCONSIN HISTORICAL COLLECTIONS  [Dec. 7 


Sir, I hope every member upon this floor will reflect for one 
moment upon the character and true worth of that class of poor, 
helpless females that will be benefited by the article under 
consideration. They are generally unfortunate beings. Let 
every member ask himself the question, Is it true that the 
mother that gave him birth, who so kindly watched over the 
tender years of his infancy with so much care and devotion, 
would barter away her affection, her parental kindness, and 
her devotion for pence? Is it true that his bosom companion, 
the young, intelligent, and lovely wife, with all her apparent 
innocence, who, for his personal worth and merits alone aban- 
doned the parents’ rich and stately mansion, separated herself 
from friends that were near and dear to her to embark with 
her bare-handed husband for the far West, taking in all prob- 
ability the last farewell of friends, affluence, and luxury, would 
ever for the mere paltry consideration of dollars and cents 
become the tyrant of him she thus loved and adored? Who 
believes that merely giving her the right by the constitution 
to hold her own property in her own name (or in other words, 
her property shall not become liable for her husband’s debts) 
will alienate her affections? Who believes that it will make a 
fiend of a worthy wite? No one believes it; it is all humbug. 
Women are as clear of being operated upon either for better 
or for worse as men; yes, I may safely say much more so. Sir, 
I do contend that for true merit the female sex stand much 
higher than the male. They know but little of the low, truck- 
ling, vacillatng demagogism that pervades the male portion 
of creation, and in that particular their ignorance is a jewel. 

Sir, the adoption of this first section will doubtless at 
[once] raise many poor and indigent families even in this new - 
state from destitution and want to a comfortable and honor- 
able situation. Yes, sir, adopt this, and many now, as it were, 
naked, will be clothed, and the hungry will be fed by the hands 
of kind and benevolent parents and friends, who no doubt have 
an abundance and to spare, and will then dare to provide for 
the happiness and comfort of their daughters and our wives, 
knowing that it is not in the power of a reckless husband to 
spend it. Yes, sir, our constitution will blaze forth the fact 


1846] THE CONSTITUTION OF 1846 663 


to the world that we are saved. The kind hand of charity may 
safely fall upon the poor and the needy, and still be elevated 
far above the hand of a prodigal husband. And will such a 
state of things produce misery and distress? Will such a state 
of things beget fraud in society? Ianswer, No, never! I will 
tell you what it will beget. The little, humble cottage will no 
longer be the asylum of grief alone; it will be no longer inhab- 
ited by the half-starved and half-naked human beings. The 
light of education will at once burst in upon them then. Then, 
sir, with what sincere sympathy would the wife open every cell 
of her noble soul to receive the effusions of her husband’s mis- 
fortunes and mitigate his woes. She would pour the tear of 
benevolence into his pecuniary wounds. Deeply practiced in 
the school of affliction, her heart would know no joy of which 
she had not been deprived, no sorrow of which she had not 
drank. Fortune could present no grief unknown to her. 
Where then would be the evil? Who can so safely dress the 
wound of the reduced husband as the affectionate wife, who has 
felt the same wound herself? Ah! gentlemen say she is not 
to be trusted! She will traffic all this worth and excellence, 
peace and comfort for pence! Oh! shame on such doctrines, 
and the preachers of it! Elevate your wives and elevate your 
daughters, and you elevate the race that follows. 

The gentleman from Racine (Mr. Strong) appears greatly 
alarmed at principles contained in the second section ’of the 
article under consideration. In this section he has discovered 
great opportunities for fraud, and, what is still worse, he can- 
not see any good in it, and to me the reason is obvious. Self- 
interest strongly urges me to forget its merits and turn with 
an eagle eye to its demerits. 

I am fully aware, Mr. President, that the adoption of the 
section of the article under consideration will be a most fatal 
blow at the profession to which I have the honor to belong. 
But whether it does or does not is not now the inquiry. Is it 
right in principle? Will it produce the greatest good to the 
greatest number? If so, it is right; and, sir, having full and 
entire confidence in its universal benefits, I give it my hearty 
support, regardless of any injury my profession may receive 


664 WISCONSIN HISTORICAL COLLECTIONS  [Dec. 7 


from its operations. I have always been opposed to special 
legislation for the special benefit of any particular class or 
profession to the injury of others. Gentlemen seem very in- 
dignant at the idea of providing for the poor man and not for 
the rich. Sir, it is too true for the credit of this country, that 
the greatest portion of its legislation is designed alone for the 
rich; the motto is too common, ‘‘Take care of the rich and the 
rich will take care of the poor. And now strange it is that 
when this article made its appearance, raising but a feeble ap- 
pearance in behalf of the poor laborer, we should so suddenly 
hear the cry of ‘‘fraud, fraud, fraud,’’ from so many honor- 
able members upon this floor, who would not have been in the 
least suspected of having the interests of the common people 
at heart. It I believed their cries I certainly should oppose it, 
but Ido not. If I did not believe it to be a most righteous pro- 
vision I would oppose it. Sir, I most assuredly do. 

The gentleman from Racine says he believes it will make 
_kmaves and rascals. Sir, I believe it will tend to elevate the 
poor; it will level up instead of down; it will tend to make the 
lower classes of community independent, high minded, and hon- 
orable citizens. I freely admit that it will in a small degree 
affect the credit system, and, sir, in this lies the whole secret 
of the opposition to it. In that respect my business will be 
injured by it. Merchants and attorneys doubtless feel a great 
interest in its defeat; it is the supposed effect that it will have 
upon the present useless credit system that the gentleman from 
Racine mourns over so bitterly. I believe it will serve as a 
constitutional restraint over the poor man, entreating him to 
ponder well before he runs in debt for that which he does not 
want merely because he can get it on credit, and particularly 
when that credit has to be obtained by a mortgage upon his 
home. Yet the title farm is no less the poor man’s capital, 
because it is exempt, because he can, if necessity require, mort- 
gage it for all it is worth to obtain means to operate upon; and 
for that purpose it could be worth no more to him if it was not 
exempt; but, being exempt, he is much more cautious in expos- 
ing it. Sir, let the provisions of this article once become the 
fundamental law of the land, and the number of debts and the 


1846] THE CONSTITUTION OF 1846 665 


number of lawsuits will be greatly reduced. In that respect 
this will be a radical change; but I am well satisfied it will be a 
change for better, and particularly better for the laborer, retail 
dealer, and small tradesman. It will protect the former from 
oppression; at the same time it will tend powerfully to render 
them more provident and considerate. It will teach the latter 
to exercise that discretion in the granting of credit which is in- 
dispensable; and I am quite sure that it will be publicly bene- 
ficial by strengthening the moral principles and making the 
contraction of unnecessary debts without the means of paying 
them at once difficult and disgraceful. But, under the present 
state of things all are trusted, and much unnecessary credit, 
doubtless, is given, when the prospect of pay is small and un- 
certain, to avoid losses upon which, high prices are put upon 
goods in order to make him who buys goods and pays for them 
also pay the losses the merchant suffers on account of bad 
debts imprudently contracted. A fundamental law like the one 
now under consideration would not, entirely, as the gentleman 
imagines, annihilate credit; but it would no doubt annihilate 
that spurious, indiscriminating species of credit that is [as] 
readily granted to the spendthrift and the loafer, who never de- 
sire any property or means to be sheltered by the exemption, as 
to the industrious individual; yet, to the same extent that it en- 
abled the former to obtain credit and accommodation, it would 
exhaust the means and the substance of the honest, prompt-pay- 
ing debtor by making him pay (in the shape of high prices) the 
losses occasioned by accommodating the prodigal. Again, we 
shall cease to see men who have small comfortable homes 
opening accounts at our shops, offices, and our stores for the 
purpose of contracting useless debts unnecessarily; and while 
in that situation, with our debts hanging over them, they dare 
not leave our shops, etc., when they are already greatly in ar- 
rears, and when they dare neither object to the quality of the 
goods offered to them nor to the price charged to them. It has 
been truly said that, ‘‘He that once owes more than he can 
pay is often obliged to bribe his creditor to patience by increas- 
ing his debt; worse and worse commodities of higher and higher 
prices are forced upon him, he is impoverished by compulsive 


666 WISCONSIN HISTORICAL COLLECTIONS _ [Dec. 7 


traffic, and at last overwhelmed in the common spectacles of 
misery by debts which without his own consent were accumu- 
lated upon his own head.’’ 

Mr. President, I exceedingly regret to say that the gentle- 
man from Racine has given us his solemn promise today upon 
this floor that, if this article is adopted, he will not only go 
home and vote against the constitution, but will spare neither 
time nor means to defeat it. Sir, let him dare to do it; such 
threats shall never deter me from what I deem to be right. 
The gentleman prophesies that the people will reject the con- 
stitution on account of its liberal provisions—and, sir, I proph- 
esy that the people will reject him who dares to oppose it. The 
people will teach all such that they have sense enough to ap- 
prove of that which so amply provides for their best interests ; 
their lesson will be a sore one upon the heads of those political 
aspirants who have only their own interests and their own pro- 
motion at heart. 

The gentleman from Racine despises demagogues from the 
bottom of his heart as much as to say that all who support this 
measure are demagogues. Sir, it is a very correct maxim that 
persons of similar pursuits and similar practices have great 
aversion for each other. Who upon this floor has been more 
justly suspected of quivering in the wind and trimming their 
sails to the breeze than some of the opponents of this measure? 
And who would be more suspected of playing the demagogue 
here than the gentleman himself? I would answer none. We 
are told that the people will scorn such proffered kindness. If 
the people allow themselves to feel more for the shopkeeper 
and the lawyer, and, in addition, believe all that the opponents 
of the people’s best interest say, they most certainly will; but 
we are not yet quite ready to believe that gentlemen can fool 
the people so easy. The people are generally right, and with 
them I am willing to leave it. The people have sense enough 
to know that the gentleman preaches false doctrine when he 
assumes that making men independent makes rascals of them. 
They know, sir, that the very germ of fraud is necessity. Re- 
move man’s dependence and you remove in a great measure 
the inducements to dishonesty; but reduce him to penury and 


1846] THE CONSTITUTION OF 1846 667 


want and still continue to oppress him and you invite him to 
commit fraud, knavery, and every other species of robbery or 
dishonesty to sustain himself. Make your laws search the 
poor man’s granary, his closet, and his bedroom to satisfy its 
execution, and you teach him to hide their contents; and, sir, 
the people know this full well. 

We are told that the section exempting real estate from 
forced sale does not go far enough, that the exemption should 
be complete from all liabilities whatever, and that the owner 
should not be permitted to mortgage in any case. Sir, in this 
I differ with gentlemen; the right to mortgage, in my opinion, 
is but just. Many cases may arise where it would be but just 
and proper for the owner to use his small home as his capital 
to assist him in business, and in such cases I am willing to let 
him be his own judge; if you do not give him the right to mort- 
gage, you compel him (in case of necessity) to make a tempor- 
ary sale of the homestead. You by this make the loss of his 
place more probable than in case of a mortgage. 

In relation to exempting from all liabilities whatever, crim- 
inal as well as civil, you take away one of the great restraints 
of crime; in fact it might with much propriety be said you offer 
an inducement to commit crime. Again, we should consider 
the relative position and situation of parties. Examine our 
criminal docket from one side of Wisconsin to the other and 
you will find that much the largest number of convictions have 
been of persons who never had nor never will have any prop- 
erty to exempt. That but few, yes very few, indeed, that are 
owners of one thousand dollars worth of property are found 
guilty of offenses against the law. While, on the other hand, 
if our object is charity and the interest of the poor man, we 
must also look well to the other side of the picture and see what 
class is most usually the victims of crime. Is it the rich or the 
poor that suffer most from the commission of crime? I under- 
take to say that nine cases in ten the poor man is selected by 
the criminal as his victim. Will this convention say that the 
villain may with impunity burn his poor, indigent neighbor’s 
house or barn, that he may steal his horse or kill his last cow, 
and when the judgment of the law says he shall make good the 


668 WISCONSIN HISTORICAL COLLECTIONS  [Dec. 7 


poor man’s loss he shall then be permitted to shirk behind an 
exemption to avoid the liability, and thus reduce his victim to 
pauperism! Ishould hope not. Liabilities for crime are very 
unlike civil liabilities; a civil liability is the result, the discre- 
tion, conclusion, and assent of both parties. In the commis- 
sion of crime the unfortunate victim is not consulted; he has 
no notice or warning of his danger; consequently his remedy 
should be complete and to the full extent of the means of the 
criminal. But in the case of civil debt the creditor has ample 
notice of the ability of his debtor when he trusts him, and ean- 
not claim to credit him on account of his property that is not 
lable to execution, and should always be satisfied with the 
same rights to collect under that which existed when the debt 
was contracted. In drawing the section I designed to make it 
a complete exemption in all cases of civil liability, but, sir, I 
did not design to give the criminal the advantage of such a pro- 
vision. I go for restraining crime and not inviting it. 

Now, Mr. President, where are the great evils that are to 
grow out of the provisions contained in this celebrated article? 
They are not to be found; they are imaginary; they are ghosts, 
such as seare children in the dark. 

Sir, it is said that this is a new, novel, and dangerous doc- 
trine that we are about to engraft into the constitution; that it 
is antidemocratic. Is that true? Is it true that a doctrine 
that pulls down aristocracy and rears up equal rights—a doe- 
trine that removes entirely the dependence of the poor upon 
the rich is antidemocratic? Not according to my ideas of 
democracy. To some this may be new and novel, but, never- 
theless, it is the Democratic doctrine of the day, and as such 
it is trumpeted throughout this Union by the Democratic press. 
The Democratic Review of April, 1846 contains the following 
beautiful and concise reference, to wit: 

‘“The following provisions are unknown to any other Amer- 
ican constitution and contain principles of exceeding impor- 
tance and value. We hope that in some form they may find 
their way into the fundamental law of the whole confederacy: 
Texas Constitution, section 19: All property, both real and 
personal, of the wife, owned or claimed by her before marriage, 


1846] THE CONSTITUTION OF 1846 669 


and that acquired afterwards by gift, devise, or descent shall 
be her separate property, and laws shall be passed more clearly 
defining the rights of the wife in relation as well to her sep- 
arate property as that held in common with her husband. Laws 
shall also be passed providing for the registration of the wife’s 
separate property. 

‘‘Section 22. The legislature shall have power to protect 
by law from forced sale a certain portion of the property of 
all heads of families. The homestead of a family not to exceed 
two hundred acres of land (not included in any town or city) 
or any town or city lot or lots in value not to exceed two thou- 
sand dollars shall not be subject to forced sale for any debts 
hereafter contracted; nor shall the owner, if a married man, 
be at liberty to alienate the same without the consent of the 
wife, in such manner as the legislature may hereafter point 
out.”’ 

Again in the Democratic Review of June, 1846, page 420, 
we find the following excellent suggestion to the New York con- 
vention: . 

‘“Some provision should be passed securing to females the 
sole right to hold and transfer either by sale or devise after 
marriage all property, real and personal, belonging to them 
previous to and all property [of] which they may become pos- 
sessed after marriage, either by heirship, purchase, or in any 
manner whatsoever.’’ 

The editor adds the following, viz., ‘‘The provision in the 
Texas constitution upon this point is perhaps unexception- 
able.’’ 

I might quote many more prominent organs of the Demo- 
eratic party to prove that it is recognized as the Democratic 
doctrine of the day. But I think it unnecessary, having above 
quoted from what is acknowledged to be the leading organ of 
the Democracy in the United States. 

Sir, in conclusion permit me to say that I took my seat upon 
this floor conscious that in this body a majority should rule. I 
have thus far submitted to the doings of the majority without 
a murmur, and exceedingly regret that gentlemen who should 
be presumed to have more good judgment should stand upon 


670 WISCONSIN HISTORICAL COLLECTIONS  [Dee. 7 


this floor and threaten to defeat the constitution if the ma- 
jority will not yield to the minority. It is justly despisable in 
any member who will take that course to awe the action of the 
majority.—Democrat, Jan. 2, 1847. 


Mr. Hunkins moved that the blank be filled with ‘‘$1,000.’’ 

J. Allen Barber moved to fill the same with ‘‘$5,000.”’ 

Mr. Ryan moved a call of the convention, which was seconded, and 
Messrs. Atwood, John M. Babcock, Hiram Brown, Burnside, Coombs, 
Cruson, Hackett, James H. Hall, George Hyer, Madden, Mills, Reed, 
Moses M. Strong, and Vineyard were reported absent. 

Messrs. Cruson, Vineyard, George Hyer, Coombs, Hackett, Mills, 
and John M. Babcock were excused from their attendance. 

The sergeant at arms was sent for the absentees. 

Asa Kinne moved that all further proceedings under the call be dis- 
pensed with, which was agreed to. And a division having been ealled 
for, there were 52 in the affirmative, negative not counted. 

Mr. Dennis moved the previous question, which was seconded. And 
the question having been put, ‘‘Shall the main question be now put?’’ 
it was decided in the affirmative. 

And the question having been first put on filling the blank with 
**$5,000,’’ it was decided in the negative. 

The question was then put on filling the blank with ‘‘$1,000,’’ and 
was decided in the affirmative. And the ayes and noes having been 
called for and ordered, those who voted in the affirmative were [affirma- 
tive 68, negative 27; for the vote see Appendix I, roll cal 235]. 

The question was then put on the passage of the said article, and was 
decided in the affirmative. And the ayes and noes being required by 
the rules, those who voted in the affirmative were [affirmative 61, nega- 
tive 34; for the vote see Appendix I, roll call 236]. 

So the article passed and the title thereof was agreed to. 

On motion of Mr. Magone the convention took a recess until two 
o’clock, P. M. 


TWO O’CLOCK, P. M. 


The convention resolved itself into committee of the whole for the 
consideration of No. 17, ‘‘Article on the name and boundaries of the 
state,’? Mr. Hunkins in the chair. And after some time spent therein 
the committee rose and reported the same back with amendments. 

And the question being on concurring in the amendments of the 
committee of the whole thereto, a division of the question was called for. 

And the question having been put on concurring in the first amend- 
ment of the committee, which was to strike out the words ‘‘and for the 
purpose of obtaining admission into the Union,’’ where they occur in 
the first seetion, it was decided in the affirmative. 

The question was then put on concurring in the second amendment 
of the committee, which was to strike out all of the first section after 
the words, ‘‘August 6, 1846,’’ and was decided in the affirmative. 


1846] THE CONSTITUTION OF 1846 671 


The question was then put on concurring in the third amendment 
of the committee, which was to add to the first section the following 
proviso: ‘‘Provided, however, That the following alteration of the 
aforesaid boundary be and hereby is proposed to the Congress of the 
United States as the preference of the state of Wisconsin, and if the 
same shall be assented and agreed to by the Congress of the United 
States, then the same shall be and forever remain obligatory on the 
state of Wisconsin, viz., leaving the aforesaid boundary line at the 
aforesaid first rapids, in the river St. Louis; thence southwardly in a 
direct line to the mouth of Clear Water Creek, emptying into Lake 
Pepin, as marked upon the map by Nicholet [Nicollet] ; thence to the 
eenter of Lake Pepin opposite the mouth of Clear Water Creek; thence 
down the middle of Lake Pepin and continuing down the center of 
the main channel of the Mississippi River, as prescribed in the afore- 
said boundary,’’ and was decided in the negative. 

And the ayes and noes having been called for and ordered, those who 
voted in the affirmative were [affirmative 40, negative 47; for the vote 
see Appendix I, roll call 237]. 

The fourth amendment of the committee, which was to insert in the 
second section, between the words ‘‘may’’ and ‘“‘be,’’ the words, ‘‘by 
and with the consent of Congress,’’ was then concurred in. 

The amendments having been all disposed of, Moses M. Strong 
moved to amend the said article by striking out the second section. 
And the question having been put, it was decided in the negative. 
And the ayes and noes having been called for and ordered, those who 
voted in the affirmative were [affirmative 41, negative 47; for the vote 
see Appendix I, roll call 238]. 

Mr. Jenkins moved to amend the first section by adding the follow- 
ing proviso, to wit: ‘‘Provided, however, That the admission of this 
state into the Union, according to the boundaries as above described, 
shall not in any manner affect or prejudice the right of this state to the 
boundaries which were fixed and established for the fifth division or 
state of the Northwestern Territory in and by the fifth article of com- 
pact in the ordinance of Congress for the government of the territory 
northwest of the river Ohio, passed July 13, 1787, and by an act to 
divide the Indiana Territory into two separate governments, approved 
the eleventh day of January, 1805, which said boundaries are as fol- 
lows, to wit: On the south by an east and west line drawn through 
the southerly bend or extreme of Lake Michigan to the Mississippi 
River; on the west by the Mississippi River from the point where the 
said line intersects the middle of said river to its source, and thence 
due north to the forty-ninth parallel of latitude; on the east by a line 
drawn from the said southerly bend of Lake Michigan through the mid- 
dle of the said lake to its northern extremity, and thence due north 
to the northern boundary of the United States; and on the north by 
the said northern boundary.”’ 

And the question having been put, it was decided in the negative. 
And the ayes and noes having been called for and ordered, those who 


672 WISCONSIN HISTORICAL COLLECTIONS  [Dee. 7 


voted in the affirmative were [affirmative 37, negative 49; for the vote 
see Appendix I, roll eall 239]. 

Mr. Crawford moved to amend the article by striking out all after 
the figures ‘‘1846’’ in the fourth line of the first section and insert [ing] 
as follows: 

‘‘Which said boundaries are as follows, to wit: ‘Beginning at the 
northeast corner of the state of Illinois, that is to say, at a point in 
the center of Lake Michigan where the line of forty-two degrees and 
thirty minutes of north latitude crosses the same; thence running with 
the boundary line of the state of Michigan through Lake Michigan and 
Green Bay to the mouth of the Menomonee River; thence up the chan- 
nel of said river to the Brule River; thence up said last mentioned river 
shore to Lake Brule; thence along the southern shore of Lake Brule 
in a direct line to the center of the channel between Middle and South 
Islands in the Lake of the Desert; thence in a direct line to the head- 
waters of the Montreal River, as marked upon the survey made by Cap- 
tain Cram; thence down the main channel of Montreal River to the 
middle of Lake Superior; thence through the center of Lake Superior 
to the mouth of the St. Louis River; thence up the main channel of 
said river to the first rapids in the same, above the Indian village, ac- 
cording to Nicollet’s map; thence due south to the main branch of the 
St. Croix; thence down the main channel of said river to the Missis- 
sippi; thence down the center of the main channel of that river to the 
northwest corner of the state of Illinois; thence due east with the 
northern boundary of the state of Illinois to the place of beginning, as 
established by ‘‘An Act to enable the people of Illinois Territory to 
form a constitution and state government, and for the admission of 
such state into the Union on an equal footing with the original states,’’ 
approved April 18, 1818.’ 

“Section 2. Be it further ordained that to prevent all disputes in 
reference to the jurisdiction of islands in the said Brule and Menomo- 
nee rivers, the line may be so run as to include within the jurisdiction 
of Michigan all the islands in the Brule and Menomonee rivers (to the 
extent in which said rivers are adopted as a boundary) down to and 
inclusive of the Quinisee Falls of the Menomonee, and from thence the 
line may be so run as to include within the jurisdiction of Wisconsin 
all the islands in the Menomonee River, from the falls aforesaid down 
to the junction of said river with Green Bay: Provided, That the ad- 
justment of the boundary as herein fixed between this state and Mich- 
igan shall not be binding on this state unless the same shall be ratified 
by the state of Michigan on or before the first day of June, 1848.’’ 

Moses M. Strong moved a call of the convention, which was ordered, 
and Messrs. Brace, Burnside, Burt, Chamberlain, Clark, Coombs, Cru- 
son, Dennis, Gray, Green, Hill, George Hyer, Joseph Kinney, Madden, 
Mills, Moore, Parsons, Phelps, Randall, Reed, Marshall M. Strong, 
Vineyard, and White reported absent. 

Mr. Magone moved that the absentees be excused, which was 
agreed to. 


b 


1846] THE CONSTITUTION OF 1846 673 


The question then recurred on the amendment of Mr. Crawford. 
And having been put, it was decided in the negative. And the ayes 
and noes having been called for and ordered, those who voted in the 
affirmative were [affirmative 37, negative 55. For the vote see Appen- 
dix I, roll call 240.] 

The question was then put on ordering the said article to be en- 
grossed for its third reading and was decided in the affirmative. 

Moses M. Strong moved that the vote ordering the said article to be 
engrossed be reconsidered, which was disagreed to. 

On motion of Mr. Hunkins the convention took a recess until seven 
o’elock, P. M. 


SEVEN 0’CLOCK, P. M, 


Mr. Hays, by leave, presented the accounts of Blanchard & Co. and 
Hall & Baxter for crape, which were referred to the committee on ex- 
penses. 

The President presented the resignation of Marshall M. Strong, as a 
member of this convention. 

Resolution No. 1, of December 2, was taken up, when Moses M. 
Strong moved that the same be indefinitely postponed, which was 
agreed to. 

The convention then resolved itself into committee of the whole for 
the consideration of No. 34, ‘‘Schedule,’’ Mr. Lovell in the chair. And 
after some time spent therein the committee rose, and pending the re- 
port of said committee Moses M. Strong moved a call of the conven- 
tion which was ordered, and Messrs. Atwood, Bell, Bennett, Berry, 
Bevans, Bowker, Charles E. Browne, Burchard, Burnside, Burt, Cart- 
ter, Clark, Clothier, Coombs, Cruson, Dennis, Doty, Dunning, Ellis, 
Elmore, Goodell, Granger, Green, George B. Hall, Hays, Hazen, Hesk, 
George Hyer, Inman, Joseph Kinney, Madden, Meeker, O’Connor, 
Patch, Parsons, Sewall Smith, John Y. Smith, Soper, Topping, Vine- 
yard, Vliet, and Wilson, reported absent. 

Messrs. Madden, Cruson, [Vineyard], Vliet, George Hyer, Green, 
Berry, and Burnside were excused from their attendance. 

Mr. Phelps moved that the convention adjourn, which was dis- 
agreed to, 

Mr. Hunkins moved that the absentees be excused from their attend- 
ance, which was disagreed to. 

Mr. Phelps moved that the convention adjourn, which was agreed to. 

The convention adjourned. 


The committee went into committee of the whole on ‘‘Sched- 
ule,’’ 

After considerable debate on the best time for submitting 
the constitution to the people it was left as originally re- 
ported—the first Tuesday in April. 


674 WISCONSIN HISTORICAL COLLECTIONS (Dec. 7- 


Mr. Huebschmann then introduced an amendment that all 
who had the qualifications of electors at the time of the election 
of delegates to this convention should be allowed to vote on its 
adoption and for all officers under it. He reminded gentlemen 
that the foreign population had placed implicit faith in the 
declarations of the various Democratic conventions before elec- 
tion. He appealed to gentlemen not to disappoint them. 

Mr. Upham spoke at some length in favor of the amendment. 
He said that our foreign population would consider it rather 
an aggrievance to be debarred the privilege of voting for offi- 
cers under the constitution after they had been permitted to 
vote for delegates to frame it. 

They had declared their intention to become citizens of the 
United States, and if he recollected aright the form of the oath 
they were required to take in declaring their intentions also 
made them forswear all allegiance to any foreign prince or 
potentate. He said that it would be considerable trouble for 
them to take the additional oath they would be required to take 
unless this amendment was carried; he therefore advocated the 
adoption of the amendment as a matter of expediency. 

Mr. Elmore was not particularly in favor of allowing for- 
eigners to vote as soon as they land on our shores; but he did 
not consider that the question here. He thought it a matter of 
right that all who voted for delegates should have the right to 
vote for or against the adoption of the constitution. 

Mr. Beall was in favor of the amendment. 

Mr. Ryan opposed the amendment in a speech of consider- 
able length. He was a foreigner himself and professed to 
know something of the views of foreigners generally on the 
subject of the elective franchise. They did not wish to vote 
without taking the oath of allegiance so far as he was ac- 
quainted with their views. Gentlemen were detracting from 
the character of foreigners when they imputed to them a dis- 
inclination to take additional oaths. The law of the territory 
conferring upon them the privilege of voting for the election of 
delegates to frame a state constitution was a favor, not a right; 
and did gentlemen intend to extend this favor to a still greater 
length? Suffrage and allegiance should go hand in hand. 


1846] THE CONSTITUTION OF 1846 675 


When foreigners were allowed to exercise the elective franchise 
without first taking the required oath of allegiance, they were 
placed upon a far more favorable footing than the native-born 
citizen. This position they did not wish to occupy. Gentle- 
men had said that in the declaration of intention to become cit- 
izens of the United States there was also a requirement that 
they should forswear all allegiance to foreign potentates and 
powers. This is not so; it is only a declaration of intention to 
forswear, etc. He thought he placed a far higher estimate 
upon the character of foreigners when he said that they were 
glad of the opportunity of showing their love for this country 
by taking the oath of allegiance than those did who said they 
looked upon it as burdensome and unnecessary. 

After some further debate the amendment introduced by 
Mr. Huebschmann was adopted. 

The committee then rose and the convention adjourned.— 
Express, Dec. 15, 1846. 


676 WISCONSIN HISTORICAL COLLECTIONS  [Dec. 8 


_ Turspay, December 8, 1846 


Prayer by the Rev. Mr. McHugh. 

The reading of the journal of yesterday was dispensed with. 

Mr. Lovell, from the committee of the whole, reported progress on 
No. 34, ‘‘Schedule,’’ and asked leave to sit again. Leave was granted. 

Mr. Hunkins, from the committee on engrossment, reported No. 17, 
‘<Ordinance in relation to the boundaries of Wisconsin,’’ as correctly 
engrossed. 

The resolution introduced by Mr. Harkin on the fifth instant, rela- 
tive to naturalization, was taken up, when Mr. Dennis moved that the 
same be laid upon the table, which was agreed to. 

The resolution introduced by Mr. Ellis on the seventh instant, rela- 
tive to paying M. J. Bovee his expenses in contesting the seat of Mr. 
Burchard, was taken up and adopied. 

The resolution introduced on yesterday by Mr. Manahan, relative 
to corporations, was taken up, read the first and second times, and re- 
ferred to the committee of the whole. 

Mr. Reed moved that leave of absence be granted to Mr. Tweedy. 
Mr. Lovell moved to amend the motion by adding ‘‘after today.’’ And 
pending the question thereon, on motion of Mr. Lovell, the said mo- 
tion was laid on the table. 

No. 17, ‘‘Ordinance relative to the boundaries of Wisconsin,’’ was 
read the third time, when A. Hyatt Smith moved that the same be re- 
ferred to a select committee, with instructions to strike out the second 
section. And the rules having been first suspended for the consider- 
ation of said motion, Mr. Doty moved to amend the motion to strike out 
the instructions, which was disagreed to. 

The question then recurred on the motion of A. Hyatt Smith. And 
having been put, it was decided in the affirmative. 

The President announced the appointment of the following commit- 
tee under said resolution, to wit: Messrs. A. Hyatt Smith, Doty, Hun- 
kins, Coxe, and James. 

The convention then resolved itself into committee of the whole for 
the consideration of No. 34, ‘‘Schedule,’’ Mr. Lovell in the chair. And 
after some time spent therein the committee rose and by their chair- 
man reported the same back with amendments. 

And the question being on concurring in the amendments of the com- 
mittee of the whole, a division of the question was called for. 

And the question having been put on concurring in the first, sec- 
ond, third, and fourth amendments of the committee, [they] were 
[severally] concurred in. 

And the question being on concurring in the fifth amendment of the 
committee, which was to amend the tenth section by inserting the fol- 
lowing after the word ‘‘convention’’ in the third line, to wit: ‘‘ And 


1846] THE CONSTITUTION OF 1846 677 


all persons having such qualifications at the time last aforesaid shall be 
entitled to vote for or against the adoption of this constitution, and 
for all officers to be elected under it’’; and to strike [by striking] out 
in the third line the word ‘‘same’’ and insert[ing] “*eonstitution,”’ 
Mr. Turner moved to amend the amendment by inserting after the word 
‘persons’? the word ‘‘foreigners’’ [and to add as follows, to wit: 
“‘Foreigners] so being qualified to vote for the adoption of this con- 
stitution shall forever thereafter be qualified to vote for all officers elec- 
tive under or contemplated by this constitution, by first taking and 
subscribing an oath to support the Constitution of the United States,”’ 
which was disagreed to. 

And the question having been put on concurring in the fifth amend- 
ment of the committee, it was decided in the affirmative. And the ayes 
and noes having been called for and ordered, those who voted in the 
affirmative were [affirmative 62, negative 31; for the vote see Appen- 
dix I, roll call 241]. 

On motion of Mr. Baker the convention adjourned to two o’clock 
©. MM. 


The question being on concurring in the amendments re- 
ported [from committee of the whole], they were all agreed 
to without debate until the one offered yesterday by Dr. 
Huebschmann, not requiring an oath of allegiance from those 
foreigners who were electors of delegates to this convention, 
came up. 

Considerable debate occurred on that amendment. 

Mr. Tweedy had no feeling in reference to the question be- 
fore the house. It might not become him, as a Whig, to go out 
of his way to touch so delicate a subject, under the especial care 
of the peculiar friends of the foreigner. He had not meddled 
with the question when the article on suffrage was under de- 
bate, and would not have had a word to say now, had not re- 
marks personal and perhaps offensive to himself been made 
while he was out of his seat engaged in the court below. Gen- 
tlemen had treated him as too important a personage in calling 
for his voice and vote on the question as the voice and vote of 
the Whigs. He did not assume to speak the views of the 
Whigs here or elsewhere on this question. He but spoke his 
own sentiments, which he gave without reserve, without any 
desire to influence any man’s vote, and wished every man, 
Whig or Democrat, to act on his own judgment. 


678 WISCONSIN HISTORICAL COLLECTIONS [Dec. 8 


His position had been defined in the speech of the gentleman 
from Racine (Mr. Ryan) of which he had at the time testified 
his approbation. That speech had carried conviction to his 
mind. He held with him that suffrage and allegiance went to- 
gether. That principle was adopted in the suffrage article, 
which, as he thought, placed the foreigner and native Ameri- 
can on exactly the same footing. He approved and voted for 
that article and supposed the principle to be then settled. He 
believed that article had in that respect given satisfaction to 
the great number of both parties in his county. He had in- 
deed understood from his colleague (Mr. Huebschmann) and 
the petitions before the house that his foreign friends were 
dissatisfied; but he was inclined to believe that this dissatis- 
faction arose in a great degree from the promises and pledges 
made to them by politicians which had not been fulfilled. He 
had not solicited votes for himself or others by any promise or 
pledge which he ought not to perform, and he disdained now 
to court friends for himself or his party by abandoning the 
principle which had been sustained by himself and the conven- 
tion. Were there no principle in the way, he would not object 
to the amendment, for he had no fears but that his foreign 
constituents, equally without as with the oath required, will 
become bona fide citizens of the state and faithful to the coun- 
try and the constitution. He was at a loss to comprehend the 
objections and scruples against taking the oath, of which we 
have heard so much. He esteemed the requisition of the oath 
rather a privilege than an odious distinction. He wished that 
the same oath were required of himself and of every citizen 
of the state, for just the same oath was required of him before 
he east his first vote in his native state, and is now required 
of every citizen of that state. 

Mr. Drake considered the ground so well taken and so elo- 
quently maintained by the gentleman from Racine (Mr. Ryan) 
a few days since to be the true American ground. He had for 
half his life had more to do with foreigners than with native 
citizens, and he thought that he was as much inclined to act 
for their interests as any other man. He should oppose the 
amendment.—Eapress, Dec. 15, 1846. 


1846] THE CONSTITUTION OF 1846 679 


TWO O’CLOCK, P. M. 


Article No. 34 was taken up. And the question having been put on 
eoneurring in the sixth amendment of the committee of the whole, it 
was decided in the affirmative. 

The question was then put on concurring in the seventh amendment, 
which was to strike out the words ‘“‘president of this convention,”’ 
wherever they occur in the article, except in the eighth section, and 
insert the words ‘‘governor of the territory,’’ and was decided in the 
affirmative. And the ayes and noes having been ealled for and or- 
dered, those who voted in the affirmative were [affirmative 48, negative 
43: for the vote see Appendix I, roll eall 242]. 

The question was then put on concurring in the eighth amendment of 
the committee, which was to strike out the words ‘‘second Monday of 
October,’’ in the twelfth section, and insert the words ‘‘the second 
Monday of June,’’ and was decided in the affirmative. And the ayes 
and noes having been called for and ordered, those who voted in the 
affirmative were [affirmative 60, negative 29; for the vote see Appen- 
dix I, roll call 243]. 

The ninth amendment of the committee of the whole was then con- 
eurred in. 

The question being on concurring in the tenth amendment of the 
committee of the whole, [which] was to insert as section 14: ‘‘Section 
14. All persons to be eligible to any office in this state shall have the 
qualifications of electors as specified in article No. 1, on suffrage and 
the elective franchise,’’ Mr. Hicks moved to amend the amendment by 
striking out all after the word ‘“‘electors.’’ And the question having 
been put, it was decided in the negative. And the ayes and noes hav- 
ing been called for and ordered, those who voted in the affirmative were 
[affirmative 17, negative 68; for the vote see Appendix I, roll eall 244]. 

The tenth amendment of the committee was then concurred in. 

The eleventh amendment of the committee, which was to insert in the 
fourteenth section, after the word ‘‘judge,’’ the words “‘notary pub- 
lic,’? was then concurred in. 

The amendments of the committee having all been disposed of, Moses 
M. Strong moved to amend section 11 by striking out all after the 
words ‘‘counties of,’’ and insert the following words, viz: 

‘‘Brown, Manitowoc, Calumet, Winnebago, Fond du Lae, Sheboy- 
gan, Marquette, Dodge, Washington, Jefferson, Waukesha, Milwaukee, 
Racine, Walworth, and Rock shall constitute the first Congressional 
district, and elect one member; and the counties of Columbia, Portage, 
Dane, Sauk, Green, Iowa, Grant, Crawford, Chippewa, La Pointe, Rich- 
land, and St. Croix shall constitute the second Congressional district, 
and shall elect one member,’’ which was disagreed to. 

Mr. Ryan moved to amend by striking out the eleventh section. And 
pending the question thereon, Moses M. Strong moved to amend by 
striking out all after the words ‘‘counties of,’’ where they first occur, 
and insert as follows: 


hy a 


680 WISCONSIN HISTORICAL COLLECTIONS pee. 8 


‘Brown, Manitowoc, Calumet, Winnebago, Fond du Lae, Sheboy- 
gan, Washington, Milwaukee, Waukesha, Racine, and Walworth shall 
constitute the first Congressional district, and elect one member; and 
the counties of Marquette, Columbia, Portage, Sauk, Dodge, Jefferson, 
Dane, Rock, Green, Iowa, Grant, Richland, Crawford, Chippewa, St. 
Croix, and La Pointe shall constitute the second Congressional district, 
and shall elect one member.”’ 

Mr. Ryan moved to amend the amendment by striking out ‘‘ Winne- 
bago,’’ where it occurs, and insert it after the word ‘‘Grant.”’ And 
the question having been put, it was decided in the negative. And the 
ayes and noes having been called for and ordered, those who voted in 
the affirmative were [affirmative 7, negative 86; for the vote see Ap- 
pendix I, roll call 245]. 

The question recurred on the amendment of Moses M. Strong. And 
having been put, it was decided in the negative. And the ayes and 
noes having been called for and ordered, those who voted in the affirma- 
tive were [affirmative 48, negative 51; for the vote see Appendix 1, 
roll call 246]. 

Moses M. Strong moved to amend the article by striking’ out all after 
the words ‘‘counties of,’’ where they first occur in the eleventh sec- 
tion, and insert, ‘‘Brown, Manitowoe, Calumet, Fond du Lac, She- 
boygan, Washington, Milwaukee, Waukesha, Racine, and Walworth 
shall constitute the first Congressional district, and elect one member; 
and the counties of Marquette, Winnebago, Columbia, Portage, Sauk, 
Dodge, Jefferson, Dane, Rock, Green, Iowa, Grant, Richland, Craw- 
ford, Chippewa, St. Croix, and La Pointe shall constitute the second 
Congressional district, and shall elect one member.’’ And the question 
having been put, it was decided in the negative. And the ayes and 
noes having been called for and ordered, those who voted iu the affirma- 
tive were [affirmative 45, negative 48; for the vote see Appendix I, roll 
eall 247]. 

Mr. Hicks moved to amend by striking out the words “Dane, Jeffer- 
son, and Sauk,’’ and insert[ing] ‘‘Racine,’’ and strike [striking] out 
the word ‘‘Racine,’’ and insert[ing] ‘‘Dane, Jefferson, and Sauk,’’ 
which was disagreed to. 

The question then recurred, on the amendment of Mr. Ryan, to strike 
out the eleventh section. And having been put, it was decided in the 
negative. And the ayes and noes having been called for and ordered, 
those who voted in the affirmative were [affirmative 42, negative 53; 
for the vote see Appendix I, roll call 248]. 

Mr. Ryan moved that the vote rejecting the second amendment of 
Moses M. Strong be reconsidered, when Mr. Drake moved a eall of the 
convention, which was ordered, and Messrs. Bennett, Bevans, Brace, 
Burt, Coombs, Cruson, Green, Hicks, Hunkins, Noggle, Parks, Parsons, 
Vineyard, and Wilson reported absent. 

The sergeant at arms was sent for the absentees. 

On motion of Mr. Elmore the absentees were excused from their at- 
tendance. 


1846] THE CONSTITUTION OF 1846 681 


The question was then put on the motion of Mr. Ryan and was de- 
cided in the negative. And the ayes and noes having been called for 
and ordered, those who voted in the affirmative were [affirmative 45, 
negative 54; for the vote see Appendix I, roll call 249]. 

Mr. Bevans moved that the article be referred to a select committee 
of nine, with instructions to report a substitute for section 11, by divid- 
ing the state into Congressional districts by a north and south line 
And the question having been put, it was decided in the affirmative. 
And the ayes and noes having been called for and ordered, those who 
voted in the affirmative were [affirmative 57, negative 33; for the vote 
see Appendix I, roll call 250]. 

Mr. Vineyard moved that the vote on the passage of No. 1, resolu- 
tion on negro suffrage, be reconsidered, and also moved that the con- 
sideration of said motion be postponed until tomorrow. And pending 
the question thereon, on motion of Mr. Phelps, the convention ad- 
journed. 


682 WISCONSIN HISTORICAL COLLECTIONS  [Dee. 9 


WEDNESDAY, DECEMBER 9, 1846 


Prayer by the Rev. Mr. Miner. 

The reading of the journal of yesterday was dispensed with. 

The President announced the appointment of the following commit- 
tee, to whom was referred No. 31, ‘‘Schedule,’’ to wit: Messrs. Be- 
vans, [Jenkins], Baker, Bennett, Turner, Randall, Wilson, Pierce, and 
Goodell. 

A. Hyatt Smith, from the select committee to whom was referred No. 
17, ‘‘Article relative to the boundary of the state,’’ reported the same 
back with an amendment. 

Mr. Burt from the select committee to whom that subject had been 
referred reported No. 37, ‘‘ Article relative to clerical service.’’ 


““The committee, to whom was referred the resolution of November 
the twenty-seventh instructing them to inquire into the expediency of 
reporting a provision prohibiting the legislature from appropriating 
public money to the payment of any clerical service whatever, beg leave 
to report the following article, preamble, resolution, and accompany- 
ing documents, viz: 

‘“Wuereas, the committee are apprised of the difficulties which lay 
in our way, the alarm we were about to create, the feelings we should 
probably disturb, the interest we should most certainly assail, and the 
passions we might possibly excite, though advised of the force we 
should have to encounter and the prejudices we should have to combat, 
though admonished of the hazard we were about to run, the animad- 
version we should incur, and the defeat which probably awaited us, 
yet all this threatened array of multiform opposition served but as 
further evidence or confirmation strong, of a legislative and a clerical 
influence, and operated as additional incentives to a firm stand on the 
ground we had taken, and an unyielding effort to maintain the civil, 
religious, and mental liberties of our constituents and the whole people. 

‘“Therefore, be it resolved that the committee be instructed to report 
the following article and accompanying documents: 

‘‘The legislature shall have no power to appropriate money to the 
payment of any clerical officer or service whatever. 

‘‘The committee most respectfully would ask leave to present some 
of the reasons by which they have been governed in the discharge of 
the duty assigned them, viz: 

‘First. In the organization of a compact of civil and political gov- 
ernment it becomes necessary to surrender a portion of our natural 
rights for securing to all greater and more important objects, such as 
the protection of property, life, liberty of person, conscience, the just, 
equitable, and impartial administration of laws.’’ 


1846] THE CONSTITUTION OF 1846 683 


Which was read the first and second times. And the question be- 
ing on referring the same to the committee of the whole and ordering 
the same to be printed, a division of the question was called for. 

A. Hyatt Smith moved that the further consideration of the said 
resolution be postponed until Monday next. And the question having 
been put, it was decided in the affirmative. And the ayes and noes 
having been called for and ordered, those who voted in the affirmative 
were [affirmative 46, negative 33; for the vote see Appendix I, roll 
eall 251]. 

Wm. R. Smith, from the committee to whom the resolution relative 
to the Treasurer had been referred, made the following report: 


““The committee, to whom was referred the resolution in relation to 
the amount and distribution of the canal funds appropriated for the 
payment of the expenses of the convention, report: 

““That, having had interviews with the Treasurer of the territory, 
and not considering it as expedient at this late period of the session of 
the convention to examine his books and report a detailed statement of 
items of payments made by him out of the canal funds to various per- 
sons and for various purposes, your committee requested of the Treas- 
urer to make out a general statement of total amounts by him received 
and paid out of said funds. 

“By the accompanying documents received from the Treasurer of 
the territory, the following result appears as his receipts and payments: 


1846, June. Paid by David Merrill, Receiver of the Milwaukee 


and ‘Rock. River Canal fandsiii 2). ass aeeiees-. ci $12,211.10 
an Oct. Paid by David Merrill, Receiver, etc............... 11,236.15 
Total receipts by the ter. Treasurer............... $23,447.25 
1846, Paid by ter. Treasurer to members for mileage and 
DErMEGICM PAY A...'s so co vc: ctanie Sactettae ae ance Ga $8,656.60 
Ver OHIeGSrs per diem: Pays los= Cocco ee eee 450.00 
ae Chaplains per, resolution: < 220 oes coe cease oe 100.00 
” on account of appropriations................. 1,753.99 
Total <7 225 2 Bass Ae Se ee oes Da ce Sees $10,960.59 


“The territorial Treasurer also reports by the accompanying letter 
that there are no more funds in his hands for the purpose of paying 
the expenses of the convention. 

““Your committee observe that the territorial Treasurer states his 
receipts in October last to have been.................. $11,236.15 

*“And his payments of convention expenses to have been 10,960.59 


“*Leaving a balance due to convention expenses of.... $275.56 


“*Your committee also observe that the sum of $12,211.10, which was 
received by the territorial Treasurer in June last together with the 
above stated balance of $275.56, must have been paid out by the Treas- 
urer to discharge some territorial indebtedness other than the expenses 


\ ei 


684 WISCONSIN HISTORICAL COLLECTIONS  [Dec. 9 


of the convention, the items of which payments your committee, as 
above stated, have not obtained. 
Respectfully submitted, 
Wo. R. Suirx, Chairman.’’ 


TREASURER’S OFFICE, 
Mapison, Dec. 7, 1846. 
Hon. WM. R. SMITH, CHAIRMAN: 
In reply to your inquiries of the fifth instant, I have the honor to state that 
I have paid the expenses of the convention to the amount of $10,960.59, and 
that there are no more funds in my hands for that purpose. 
Very respectfully, 
Your ob’t serv’t. 
J. Larkin Jz., Territorial Treasurer. 


TREASURER’S OFFICE, 
Manpison, Dec. 7, 1846 
Hon. Wm. R. SMITH, CHAIRMAN: ‘ 
I have the honor further to report, in reply to your inquiries, that the 
amount of my disbursements to the convention are as follows: 


To members for mileage and per diem pay................-.-- $8,656.60 
Y.) OMCeLS Tor Per, GML (PAV ie Cw) We Vol aleve ia eee akene te eee 450.00 
™ chaplains, per) TESOLEON A. siieies ote wiclalele 4d e alelaiava shale eee oe 100.00 

On account ‘of appropriations 2225 sidee 2s clslsls cele ca ere ere een 1, 753.99 

TOGA char yi SU a eS dN IAT aEAS At ATs a ea $10,960.59 


The whole amount that has been paid into my hands from the sale of Canal 
Lands amounts in all to $23,447.25. 
Very Respectfully, 
Your Ob’t Serv't, 
J. LARKIN Jr., Treasurer. 


I further report that I received in the month of June, 1846 from David 
Merrill, the receiver of the Milwaukee and Rock River Canal funds, $12,211.10 
Likewise. in) -/Octeber |) Vast oii). ile ae aiey eels (emi eh etiakelelialey ose elect ana eaeme 11,236.15 


$23,447.25 
All of which is respectfully submitted. 
J. LARKIN JR., Treasurer. 


Mr. Baker asked that leave of absence be granted to Mr. Berry. 
Leave was granted. Mr. Parkinson asked that leave of absence be 
granted to Messrs. White and Burnside. Leave was granted. J. Al- 
len Barber asked that leave of absence be granted to Mr. Gray. Leave 
was granted. 

Mr. Burchard introduced the following resolution, to wit: ‘“‘Re- 
solved, That the use of this hall be granted to the Rev. Mr. Codding, 


1846] THE CONSTITUTION OF 1846 685 


on Saturday evening, the twelfth instant, for the purpose of deliver- 
ing an antislavery lecture.’’ 

And the rules having been first suspended for the consideration of 
said resolution, and the question having been put on the adoption of 
the said resolution, it was decided in the affirmative. And the ayes 
and noes having been called for and ordered, those who voted in the 
affirmative were [affirmative 60, negative 31; for the vote see Appen- 
dix I, roll call 252]. 

Mr. Hays moved that the vote on the adoption of the said resolution 
be reconsidered, which was disagreed to. And a division having been 
called for, there were 32 in the affirmative and 44 in the negative. 

The report of the select committee to whom had been referred article 
No. 17 was then taken up. And the question having been put on con- 
curring in the amendment of the committee, which was to strike out 
the second section [it was decided in the affirmative]. 

Mr. Holcombe moved to amend the article by adding to the first 
section the following proviso: ‘‘ Provided, however, That the following 
alteration of the aforesaid boundary be and hereby is proposed to the 
Congress of the United States as the preference of the state of Wis- 
consin, and, if the same shall be assented and agreed to by the Congress 
of the United States, then the same shall be and forever remain obliga- 
tory on the state of Wisconsin, viz., Leaving the aforesaid boundary 
line at the aforesaid first rapids in the river St. Louis; thence in a 
direct line southwardly to a point miles east of the most easterly 
point in Lake St. Croix; thence due south to the main channel of the 
Mississippi River or Lake Pepin; thence down the said main channel 
of Lake Pepin and the Mississippi River, as prescribed in the aforesaid 
boundary.’’ : 

Mr. Ryan moved the previous question, which was seconded. And 
the question having been put, ‘‘Shall the main question be now put?’’ 
it was decided in the affirmative. 

The question was then put on the amendment of Mr. Holcombe and 
was decided in the affirmative. And the ayes and noes having been 
called for and ordered, those who voted in the affirmative were [affirma- 
tive 49, negative 38; for the vote see Appendix I, roll eall 253]. 

The said article was then ordered to be engrossed for its third read- 
ing. 

No. 338, ‘‘ Article relative to dueling,’’ was taken up, when Mr. Gid- 
dings moved that the committee of the whole be discharged from the 
further consideration of said article, which was agreed to. 

Mr. Baker moved to amend the said article by striking out the words 
“‘aider or abetter,’’ and insert[ing] ‘‘any second to either party,’’ 
which was disagreed to. And a division having been called for, there 
were 26 in the affirmative and 30 in the negative. 

Mr. Granger moved to amend the same by striking out the sixth 
section and inserting: ‘‘Section 1. Any citizen of this state who 
may hereafter be engaged, either directly or indirectly, in a duel, either 
as principal or accessory, shall forever be disqualified from holding any 
office under the constitution and laws of this state, and may be punished 


686 WISCONSIN HISTORICAL COLLECTIONS  [pee. 9 


in such other manner as shall be prescribed by law,’’ which was 
agreed to. 

The said article was then ordered to be engrossed for its third read- 
ing. 

No. 36, ‘‘Article relative to disqualification for office,’’ was taken 
up, when Mr. Ryan moved that the committee of the whole be dis- 
charged from the consideration thereof, which was agreed to. 

Mr. Dennis moved to amend the said article by striking out the 
second and third sections. 

A division of the question having been called for, the question was 
put on striking out the first section and was decided in the negative. 
And the ayes and noes having been ealled for and ordered, those who 
voted in the affirmative were [affirmative 16, negative 64; for the vote 
see Appendix I, roll call 254]. 


The article introduced by resolution by Mr. Ryan, relative 
to the disqualification of officers, was taken up. 

Mr. Dennis moved to strike out the second and third sections. 

Mr. Ryan said he would see who wanted offices for the benefit 
of the people or for the benefit of office holders. He spoke at 
some length, showing the justice and propriety of the provi- 
sions of the second and third sections. 

Mr. Judd rose to show that the provisions here were already 
provided for in other sections. They were useless and unnec- 
essary provisions. 

After some further discussion, the question was taken on the 
motion to strike out the second section as follows: [roll eall 
254].—Democrat, Dec. 12, 1846. 


The question was then put on striking out the third section and was 
decided in the negative. And the ayes and noes having been called 
for and ordered, those who voted in the affirmative were [affirmative 
20, negative 61; for the vote see Appendix I, roll call 255]. 

Mr. Magone moved to amend the article by inserting after the words 
‘‘lieutenant governor’’ the words ‘‘secretary of state, treasurer, attor- 
ney general,’’ which was agreed to. 

Mr. Baker moved to amend the said article by inserting after the 
words ‘‘to this state’’ the words ‘‘or any town or county therein,”’ 
which was agreed to. 

The said article was then ordered to be engrossed for its third read- 
ing. 

‘ir. Bevans, from the majority of the select committee of nine, to 
whom No. 31, ‘‘Schedule,’’ had been referred, reported the same back 
with an amendment. 

Mr. Dennis moved that the consideration of said report be postponed 
until tomorrow, which was disagreed to. 


1846] THE CONSTITUTION OF 1846. 687 


Mr. Magone moved a call of the convention, which was ordered, and 
Messrs. Hill, Lovell, O’Connor, Phelps, George B. Smith, and John Y. 
Smith, reported absent. 

The sergeant at arms was sent for the absentees. 

Moses M. Strong moved that the convention adjourn until four 
o’clock P. M., which was disagreed to. 

Moses M. Strong moved that the absentees be excused from their at- 
tendance, which was agreed to. 

Mr. Noggle moved to postpone the further consideration of the said 
report until tomorrow, which was disagreed to. 

The question being on concurring in the amendment of the commit- 
tee, Mr. Turner moved to amend the same by striking out the word 
** Jefferson’’ from the second district, and insert[ing] it in the first dis- 
trict, which was disagreed to. 


Mr. Bevans, from the select committee appointed this morn- 
ing, on leave, made a report for eight of the committee, which 
report made the counties of Brown, Manitowoc, Calumet, Win- 
nebago, Fond du Lac, Sheboygan, Washington, Milwaukee, 
Waukesha, Racine, and Walworth the first Congressional dis- 
trict; and the counties of Marquette, Columbia, Portage, Sauk, 
Dodge, Jefferson, Dane, Rock, Green, Iowa, Grant, Richland, 
Crawford, Chippewa, St. Croix, and La Pointe the second dis- 
trict. 


Mr. Turner, from the same committee, objected, and pre- 
sented the following: 


As a member of the select committee to whom was referred the article on a 
schedule, with instructions so to amend the eleventh section as to divide the 
state into two Congressional districts by a north and south line, in behalf 
of myself and my colleagues unanimously beg leave to protest against being 
placed in the western Congressional district according to the majority report 
of said committee. 

First. On the ground that it is placing Jefferson and Dodge in connection 
with a very large majority entirely dissimilar to us in feelings, habits, and 
pursuits. Second. On the ground that, politically, being dissimilar to the 
western portion of the territory in feelings, pursuits, and local interests, we 
should be nothing more nor less than a mere cypher. Third. On the ground 
that the inhabitants of Jefferson are in pursuit an agricultural community; 
our market is east, our business is east, our interests are east, and our as- 
sociations are east. 

PETER H. TURNER. 
—Democrat, Dec. 12, 1846. 


Mr. Beall moved to amend by striking out ‘‘Winnebago’’ from the 
first district and insert[ing] it in the second district, which was agreed 


688 WISCONSIN HISTORICAL COLLECTIONS  [deec. 9 


to. And a division having been called for, there were 49 in the affirm- 
ative and 27 in the negative. 

George Hyer moved to amend by striking out the word ‘‘Jefferson,’’ 
which was disagreed to. 

The question was then put on concurring in the amendment of the 
committee and was decided in the affirmative. And the ayes and noes 
having been ealled for and ordered, those who voted in the affirmative 
were [affirmative 61, negative 38; for the vote see Appendix I, roll call 
256]. 

Mr. Baker moved to amend the said article by striking out the word 
““commissioners’’ in section 5, and insert[ing] in lieu thereof the words 
“all officers,’’ which was agreed to. 

J. Allen Barber moved to amend the article by striking out of the 
first line of section 8 the words ‘‘its adjournment’’ and insert [ing] in 
lieu thereof the words ‘‘the adoption of this constitution by a vote of 
a majority of the electors of this territory voting upon that subject.’’ 
And the question having been put, it was decided in the negative. 
And the ayes and noes having been called for and ordered, those who 
voted in the affirmative were [affirmative 16, negative 80; for the vote 
see Appendix I, roll call 257]. 

Hiram Barber moved to amend the same by adding a new section as 
follows, to wit: ‘‘Section —. The governor, lieutenant governor, and 
other state officers first elected under this constitution shall enter upon 
the duties of their respective offices on the first Monday of November 
next, and shall continue in office for two years from the first day of 
January following; and the judges elected under this constitution 
shall enter upon the duties of their office on the first day of January 
after such election, and their term of office shall be for five years after 
said first day of January; and the governor and other territorial of- 
ficers whose places are supplied by the election under this constitution 
shall continue in office until their successors are qualified and enter 
upon the duties of their office as before stated,’’ which was agreed to. 

The said article was then ordered to be engrossed for its third read- 
ing. 

Mr. Hunkins, from the committee on engrossment, reported Articles 
Nos. 17 and 33 as correctly engrossed. 

Mr. Dennis moved that the rule requiring the ayes and noes to be 
called upon the passage of articles be suspended for the passage of the 
said articles, which was agreed to. 

No. 33, ‘‘Article relative to dueling,’’ was read the third time, 
passed, and the title thereof agreed to. 

No. 17, ‘‘Article relative to the boundary of Wisconsin,’’ was read 
the third time, when Mr. Burchard moved that the blank therein be 
filled with ‘‘15 miles,’’ which was agreed to. 

The said article was then passed, and the title thereof was agreed to. 

On motion of Wm. R. Smith the convention adjourned until tomor- 
row morning. 


a 


1846] THE CONSTITUTION OF 1846 689 


THurspAy, DECEMBER 10, 1846 


Prayer by the Rev. Mr. McHugh. 

The reading of the journal of yesterday was dispensed with. 

Mr. Bennett introduced the following resolution, to wit: ‘Resolved, 
That the president of the convention be authorized to draw an order 
on the treasurer of the territory, allowing to-J. G. Knapp, librarian, 
for extra services in keeping the library open for the use of the mem- 
bers of this convention, $1.50 per day, and for pay for assistant.’ 

Mr. Bennett moved that the rules be suspended for the consideration 
of the same, which was disagreed to. 

Mr. Bell introduced the following resolution, to wit: ‘‘Resolved, 
That the committee on revision be instructed to amend the article on 
banks and banking by striking out the sixth section; and to amend the 
article on the rights of married women and exemptions from forced 
sale by striking out the first section and inserting the following in lieu 
thereof: ‘The legislature shall, at its first session after the adoption 
of this constitution, pass suitable laws for securing to the wife and 
her children the enjoyment of her separate property owned by her be- 
fore marriage, or which she shall afterwards acquire by devise, descent, 
grant, or gift, otherwise than from her husband, and to provide for the 
registry of her separate property’; and so to amend the second section 
of said article, as to provide that the value of real estate to be exempted 
shall be limited in all cases to one thousand dollars.’’ 

Mr. Burchard moved that the rules be suspended for the considera- 
tion of the same, when Asa Kinne moved a call of the convention. 
which was ordered, and Messrs. Beall, Brace, Burt, Clark, Cooper, 
Coombs, Doty, Dunning, Edgerton, Fitzgerald, Fuller, Gilmore, Good- 
rich, Graham, Granger, George B. Hall, Hammond, Hays, Hazen, 
Hunkins, James, Lovell, Meeker, Mills, O’Connor, Parkinson, Phelps, 
Pierce, Prentiss, George B. Smith, John Y. Smith, and Vineyard re- 
ported absent. 

Messrs. O’Connor, Coombs, Vineyard, and John Y. Smith were ex- 
cused from their attendance. 

The sergeant at arms was sent for the absentees, and pending his 
report Mr. Hunkins, from the committee on engrossment, by leave, re- 
ported Articles Nos. 34 and 36 as correctly engrossed. 

Mr. Dennis moved that the absentees be excused. And the question 
having been put, it was decided in the negative. And the ayes and 
noes having been called for and ordered, those who voted in the affirma- 
tive were [affirmative 37, negative 55 ; for the vote see Appendix I, roll 
eal] 258]. 

The sergeant at arms reported all the absentees in attendance. 


44 


690 WISCONSIN HISTORICAL COLLECTIONS  [Dee. 10 


The question was then put on suspending the rules for the consid- 
eration of the resolution introduced by Mr. Bell and was decided in 
the affirmative. And the ayes and noes having been called for and or- 
dered, those who voted in the affirmative were [affirmative 66, nega- 
tive 32; for the vote see Appendix I, roll call 259]. 

The question then recurred on the resolution introduced by Mr. 
Bell, when a division of the question was called for. And the question 
being on adopting that portion of the resolution relative to instructing 
the committee on revision to strike out the sixth section of the article 
on banks and banking, when [sic] Mr. Gibson moved to amend the same 
by striking out ‘‘the sixth section,’’ and insert[ing] ‘‘all after the first 
section, in the bank article’? And the question having been put, it was 
decided in the negative. And the ayes and noes having been called for 
and ordered, those who voted in the affirmative were [affirmative 15, 
negative 80; for the vote see Appendix I, roll call 260]. 

On motion, Mr. Parkinson was excused from voting. 

The question was then put on the first portion of the said resolu- 
tion of instructions and was decided in the negative. And the ayes 
and noes having been called for and ordered, those who voted in the 
affirmative were [affirmative 44, negative 55; for the vote see Appen- 
dix I, roll call 261]. 

The question was then put on adopting the second portion of the in- 
structions to the said committee and was decided in the affirmative. And 
the ayes and noes having been called for and ordered, those who voted 
in the affirmative were [affirmative 52, negative 47; for the vote see 
Appendix I, roll eall 262]. 

The question then recurred on the third division of the said resolu- 
tion, when Mr. Burchard moved the previous question, which was sec- 
onded. And the question having been put, ‘‘Shall the main question 
be now put?’’ it was decided in the affirmative. 

And the question having been put on the third division of the said 
resolution, it was decided in the affirmative. And the ayes and noes hav- 
ing been called for and ordered, those who voted in the affirmative were 
[affirmative 70, negative 29; for the vote see Appendix I, roll call 263]. 


The rules were suspended for the consideration of Mr. Bell’s 
resolution. 

Mr. Ryan moved to amend the resolution by striking out the 
instruction to amend the bank article. He considered the 
stringing together three such unlike provisions to be what is 
sometimes called logrolling. He wished a distinct vote taken 
on the bank question. 

Mr. Bowker then spoke against the bank article in general 
and against the sixth section in particular. 

Mr. Burchard wished to define his position. It would be 
recollected by all, he said, that from first to last he had raised 


1846] THE CONSTITUTION OF 1846 691 


his voice against the bank article. He was opposed to it in 
every particular. He was today what he was at the beginning, 
a regular bank man. He believed that banks were necessary, 
and that charters might be granted in such a way as to be per- 
fectly safe. But he had long since given up all hope of having 
an article of that kind passed here. And although he was op- 
posed to the bank article from beginning to end, yet, said he, 
if there is one redeeming trait in it, ’tis the sixth section. He 
thought that with the sixth section stricken out the article 
would be utterly inconsistent with itself. If we are not to have 
banks of our own, for God’s sake, said he, do shut out the mis- 
erable trash of foreign banks. 

N. F. Hyer was one who had voted for the sixth section. He 
believed it right; but he understood that the opposers of that 
section would oppose the constitution if that was left in. He 
should vote for striking out. 

Mr. Noggle had voted for the bank article as it is. He con- 
sidered it expressing his sentiments as an individual, but he 
was satisfied that the sixth section would bring more enemies 
to the constitution than it could bear. 

A. H. Smith was in favor of the sixth section; and he could 
pledge himself and constituents to support the constitution if 
it was left as it was, but if it was stricken out he could make 
no pledge. 

Mr. Mills thought differently of the feelings of the people of 
Rock County. He had been there since the passage of the 
bank article, and had not seen one man who said he would sup- 
port it. 

Mr. Ryan then supported the bank article; spoke of the 
length of time since the passage of the article, and that no peti- 
tions on this subject had come up to us; scouted the idea that 
the sixth section was unpopular; pronounced it a humbug that 
the people would go against the constitution if the sixth see- 
tion was retained; and said that he should not ‘‘erawfish.’’ 

Mr. Hunkins thought the reason very plain why petitions 
had not come up to us. Since the passage of the bank article, 
said he, nearly two-thirds of this convention have been home 
to their constituents and have there obtained their views. 


692 WISCONSIN HISTORICAL COLLECTIONS  [Dee. 10 


Mr. Judd pronounced the bringing these three subjects to- 
gether an unholy alliance, which he could not support. 

Mr. Wakeley thought his constituents wished the sixth sec- 
tion stricken out, and he had concluded to vote for striking it 
out independently of any other provision. 

H. Barber should vote for striking out the sixth section in 
accordance with the wishes of his constituents, although 
against his own judgment and against what he conceived to be 
Democratic principles. 

Mr. Parks said that a majority of this convention have in- 
corporated an article into this constitution which is obnoxious 
to the people; the voice of that people has come up here and 
these gentlemen are scared, and would now cut off the tail of 
the obnoxious article without touching the article itself. He 
would have gentlemen, like men, back out of the whole article. 
If the article is to be retained, he was in favor of the sixth sec- 
tion; it would be inconsistent with itself without it. 

Mr. Gibson was satisfied that the sixth section was unsatis- 
factory to the people, and not only the sixth section, but the 
whole bank article. ‘‘It is amusing,’’ said he, ‘‘for one not in- 
terested to see the Democrats here, having passed an article 
to carry out the Democratic professions of ultra hostility to 
paper money, now trying to satisfy an indignant people by 
striking out a part by ‘crawfishing’ a little. They must 
‘crawfish’ the whole,’’ said he, ‘‘or the people will not sup- 
port it at all.’? He therefore offered an amendment to the 
resolution introduced by Mr. Bell, to wit: That the commit- 
tee on revision be instructed to strike out the whole of the bank 
article except the first section. 

Mr. Parsons should vote for the sixth section. He believed 
his constituents wanted it.—Hazpress, Dec. 15, 1846. 


Mr. Ryan called for a division of the question. 

He said that this hitching propositions together was what 
was called ‘‘logrolling.’’ It was but fair and honest that they 
should be voted upon separately. 

Mr. Bowker spoke as follows: 


1846] THE CONSTITUTION OF 1846 693 


Mr. President: I have not troubled this convention thus 
far with any speeches, although I have sometimes wished that I 
had the eloquence of a Demosthenes to meet some of the ora- 
tors of 1846 on this floor, but I feel constrained at this time to 
make a few remarks in reply to the gentleman from Racine 
(Mr. Ryan) who has just taken his seat, upon the subject under 
consideration. Having patiently listened to the various argu- 
ments adduced on the subject of banks and banking and the 
numerous long speeches for buncombe which it has called forth 
Iam more and more convinced of the impropriety of prohibit- 
ing by constitutional provision the circulation of foreign bank 
bills. We have adopted as legitimate a bank article which is 
the pet child of certain gentlemen of this convention, and how- 
ever they may christen it, Old Hunker, Barnburner, Crawfish, 
Tadpole, Hard, or Soft, I am apprehensive the people will re- 
gard it as ill-favored and illegitimate, and will never adopt it 
as their own. I propose, sir, that we hand over this precious 
nursling to the care of those who have nursed it so carefully, 
that its cries may not startle us at our firesides when we re- 
turn to our constituents. A resolution has been offered in this 
convention to prohibit any member holding office for the next 
two years. Sir, adopt this bank article as it now stands and 
send it forth to the people and we shall need no such restriction 
of disfranchisement; our political doom will be sealed, and for 
more than two years, I am apprehensive—with some it will be 
sealed forever. The notes of alarm on this subject already 
begin to reach us from our constituents, and instead of the 
Sweet notes of approval which some fancied they would hear 
the murmurs of disapprobation against the sixth section in 
particular begin to sound in our ears like the mutterings of 
distant thunder, and it may be well for us to take heed to its 
warning. Sir, I do not feel that F should be doing justice to 
myself or my constituents without raising my voice and protest- 
ing against the adoption of this sixth section. I am opposed 
and have been from the beginning to any prohibition in the 
constitution of the circulation of foreign bills. Iam not afraid 
to meet this question and define my position, and I must say 
I consider this a matter too much of experiment to be adopted 


694 WISCONSIN HISTORICAL COLLECTIONS _ [Dee. 10 


in our constitution—it should be left to the legislature. The 
constitution should not be lumbered up with legislative enact- 
ments, especially of doubtful, if not dangerous expediency— 
dangerous to the fate of the constitution and the best interests 
of the people. We have not been instructed on this subject and 
if the people hereafter wish to adopt such a provision let them 
instruct their representatives in the legislature, when, if 
passed, and it should prove injurious, it can be repealed. Has 
not a law similar in principle been tried in the state of New 
York? And what was the result? It was violated with impunity 
and was repealed. Are gentlemen prepared to insert in the 
constitution a clause which will not only become a dead letter, 
but will be trampled upon with impunity and will thus bring 
the whole constitution into contempt? I ask how can men liv- 
ing near the borders of our state carry on business with those 
residing in an adjoining state, whose circulating medium is pa- 
per money, if this section is adopted? If it could be carried 
into effect it appears to me it would subject them to almost in- 
surmountable difficulties. As well, sir, might you attempt to 
cut off all trade and commerce with other states and like the 
Chinese erect an unsurmountable wall of separation between 
us and them as to exclude their currency; it would put an 
effectual embargo on all our traffic with other states, and we 
might as well prohibit it at once and make it a penal offense 
as to prohibit the circulation with us of bank paper, whilst it 
is current with them; one measure would be just as wise, just 
as righteous, just as practicable as the other. Our constitu- 
ents did not send us here to interfere with their private busi- 
ness or rights—to say what they should and what they should 
not receive in payment for their produce and merchandise. 
This is an assumption of power on our part which they will 
never sanction. I am as much opposed to banks as any indi- 
vidual in this convention, but I am firmly persuaded that the 
people of Wisconsin are not yet prepared to drive all paper 
money from our borders and resort to a purely metallic cur- 
rency, and so believing I trust that this sixth section will be 
stricken from the bank article. 


1846] THE CONSTITUTION OF 1846 695 


Sir, we are forming a constitution to fix the destinies of an 
enlightened people; we are about to subscribe our names to a 
constitution, which, if adopted, will bring weal or woe to thou- 
sands of our fellow citizens; and I sincerely hope that the re- 
sult of our labors will be such as to be crowned with success, 
and gladden the hearts of those whose dearest interests are 
committed to our charge. 

Mr. Harkin rose and said— 

Mr. President: I rise to reply to the gentleman from Wal- 
worth. He says there is a noise as loud as thunder against this 
sixth section. I affirm that this thunder is but a sound, an 
echo, a deceiving shadow, and reminds me of the wolf story of 
my friend from Rock (Mr. Pierce). He was alarmed one night 
by the most terrific howling, which, he believed from the noise, 
must proceed from at least a hundred wolves, but on repairing 
to the spot from whence it came he found but one poor little 
starved wolf that made all the noise. Thus with the bank men; 
they howl so loud and constantly as to carry the impression 
that the whole country is helping them make the noise. Mr. 
President, one fact is worth a thousand assertions. Now, sir, 
I defy the gentleman to name one farmer in Walworth County 
who would prefer bank bills to gold and silver. No, sir, the 
gentleman is silent; therefore all his assertions fall to the 
ground. But, sir, you heard the resolutions presented by my 
colleague, Mr. Parsons, against bank rags and bank swindling 
—those resolutions were passed by the independent farmers of 
Racine County whom I have the honor to represent. There- 
fore, in justice to myself, and in compliance with their wishes 
I will vote against striking out the sixth section of this article. 

Mr. Burchard wished to define his position. He had opposed 
the bank article from beginning to end. There was not a re- 
deeming quality init. He was a bank man, and believed them 
as necessary to our business prosperity as any other instru- 
ment. This article was one complete system against all banks. 
The other system was what he wanted. If we were to have 
bank paper he preferred that it should be so arranged that we 
should have the control of the banks—to have them in our 
midst, where we could know their condition and their solvency. 


696 WISCONSIN HISTORICAL COLLECTIONS  [Dee. 10 


But if there was one redeeming quality in the system presented 
in this article it was the sixth section, for it carried out con- 
sistently the spirit and intent of the rest of the article. 

Mr. Beall was going to crawfish. He had voted for the sixth 
section. His constituents were antibank men. He had been 
elected as an antibank man. He thought with the gentleman 
from Waukesha (Mr. Burchard) that any man who would vote 
for the first part of the article and not for the sixth section was 
a political hypocrite. But since the passage of the article the 
opinions of his constituents had reached him, and in deference 
to their opinions he should vote to strike it out. 

N. F. Hyer had voted for the sixth section, and he believed 
it was right; but he should now vote to strike it out for several 
reasons. He believed the strongest supporters of the sixth 
section were determined to go against the constitution. 

Mr. Noggle hoped to see the time when the principles of the 
sixth section could be carried out. But for the dangers he ap- 
prehended it would bring to the adoption of the constitution he 
should vote to strike it out. 

A. H. Smith said that by striking out the sixth section you 
made ten enemies to the constitution where you made one 
friend. We had only heard the opinions of the roving politi- 
cians, barroom conventions, and stagecoach and courthouse 
canvassers of this question, but its friends were among the 
farming community. 

Mr. Mills disagreed with the sentiments of his colleague. He 
had been home and taken some pains to ascertain the opinions 
of his immediate constituents, who were farmers, and he had 
not found the first man who supported the sixth section. 

Mr. Hunkins thought it was rather strange that the gentle- 
man from Rock (A. H. Smith) was so familiar with the opin- 
ions of the farmers. He supposed that the gentleman’s busi- 
ness (without any imputation upon his profession) placed him 
with the class upon whom he had made his taunts. 

Mr. Parsons spoke as follows: 

Mr. President: I voted for the bank article on its final 
passage, sixth section and all. I voted for it from principle, 
and as my better judgment dictated. I believe it, sir, to be the 


1846] THE CONSTITUTION OF 1846 697 


settled policy of the Democratic party of this state as well as 
of the United States to oppose every attempt to establish a 
bank or revive or resuscitate any such defunct. institution. 
Being opposed to banks, as I am, in our future state, I must 
protest, by my vote and my voice, against striking out the 
sixth section of the bank article. Strike out that section and 
the people will be cursed with a currency in the shape of small 
bills, which must inevitably, as they do now, take the place of 
the precious metals. Mr. President, if we shut down the gate 
against the establishment of banks in this state, we must also 
shut down the gate against the circulation of small ‘bills of 
other states. There is nothing equal to hard cash to fill up 
the small channels of trade. My constituents, sir, are of the 
true Democratic stamp. They are intelligent and respectable, 
and most of them the producing class—the bone and muscle 
of the country. They have sent up their opinions relative to 
the bank article to me and to this convention; they want and 
I want the principles involved in the sixth section of that ar- 
ticle carried out. With these views, I cannot vote to strike out 
the sixth section. 

The question was further discussed by Messrs. W. R. Smith, 
Ryan, Burt, Magone, Judd, Lovell, Wakeley, H. Barber, Parks, 
Gibson, Randall, and Drake.—Democrat, Dee. 12, 1846. 


Mr. Clark introduced the following resolution, which was read, to 
wit: “‘Rvsolved, That the committee on revision be instructed so to 
amend the article on the constitution and organization of the legisla- 
ture as to attach the county of Richland which is now attached to the 
county of Sauk as a representative district, and attach the same to the 
county of Crawford.”’ 

And the rules having been suspended for the consideration of the 
said resolution, Mr. Magone moved that the convention take a recess 
until three o’clock, P. M., which was agreed to. 


THREE 0’CLOCK, P. M. 


The question was then put on the adoption of the resolution intro- 
duced by Mr. Clark and was decided in the affirmative. 

No. 36, ‘‘ Article relative to disqualification,’’ was read the third time, 
when Mr. Dennis moved that the rules be suspended to recommit the 
same to a select committee, which was disagreed to. 


698 WISCONSIN HISTORICAL COLLECTIONS  [Dee. 10 


The question then recurred on the passage of the said article. And 
having been put, it was decided in the affirmative. And the ayes and 
noes being required by the rules, those who voted in the affirmative 
were [affirmative 44, negative 42; for the vote see Appendix I, roll 
call 264]. ‘ 

No. 34, ‘‘Schedule,’’ was then read the third time. And the question 
having been put on the passage of the same, it was decided in the af- 
firmative. And the ayes and noes being required by the rules, those 
who voted in the affirmative were [affirmative 74, negative 12; for the 
vote see Appendix I, roll call 265]. 

A. Hyatt Smith, by leave, introduced the following resolution, to 
wit: ‘‘Resolved, That the secretary of the convention be instructed 
to issue a certificate to Darwin Clark for the appropriation made to 
him.’’ And the rules having been first suspended for the consideration 
of the said resolution, it was adopted. 

Mr. Beall asked that leave of absence be granted him after today. 
Leave was granted. 

Horace Chase moved to reconsider the vote rejecting the second divi- 
sion of Mr. Bell’s resolution. And the question having been put, it 
was decided in the negative. And the ayes and noes having been called: 
for and ordered, those who voted in the affirmative were [affirmative 
50, negative 38. For the vote see Appendix I, roll call 266]. 

Mr. Hunkins appealed from the decision of the Chair; which was, 
that it required a two-thirds vote to reconsider the vote rejecting the 
said second division of the resolution of Mr. Bell. 

And the question having been put, ‘‘Shall the decision of the Pres- 
ident stand as the judgment of the convention?’’ it was decided in the 
affirmative. And the ayes and noes having been called for and or- 
dered, those who voted in the affirmative were [affirmative 61, negative 
23; for the vote see Appendix I, roll call 267]. 

The resolution introduced by Mr. Manahan on the seventh instant, 
relative to the repeal of the charters of incorporation, was taken up, 
when Mr. Ryan moved that the committee of the whole be discharged 
from the further consideration of the same, which was agreed to. 

Mr. Parsons moved to amend the same by striking out the first section 
and inserting ‘‘the legislature shall have power at all times to alter, 
amend, or repeal any act of incorporation hereafter passed, whether 
such act shall be by general or special law; but no special act of in- 
corporation shall be repealed except by a vote of two-thirds of each 
house of the legislature, unless in pursuance of a right of repeal re- 
served in the act creating such incorporation,’’ which was disagreed to. 

Mr. Dennis moved to amend by adding the following section, to wit: 
‘‘Section 2. The legislature shall contract for the printing of all laws 
and legislative journals to the lewest and best bidder, upon reasonable 
notice being given thereof, and as far as practicable all other state 
printing shall be contracted for in the same manner.’’ 

Mr. Magone moved to amend the amendment by adding, ‘‘provided 
the legislature may deem it expedient so to do.’? And the question 
having been put, it was decided in the negative. And the ayes and 


1846] THE CONSTITUTION OF 1846 699 


noes having been called for and ordered, those who voted in the affirm- 
ative were [affirmative 19, negative 56; for the vote see Appendix I, 
roll call 268]. 

The question then recurred on the amendment of Mr. Dennis. And 
having been put, it was decided in the affirmative. And the ayes and 
noes having been called for and ordered, those who voted in the affirm- 
ative were [affirmative 45, negative 35; for the vote see Appendix I, 
roll call 269]. 

Mr. Burt moved to amend the resolution by striking out the first 
section. And the question having been put, it was decided in the nega- 
tive. And the ayes and noes having been called for and ordered, those 
who voted in the affirmative were [affirmative 24, negative 55; for the 
vote see Appendix I, roll call 270]. 

Mr. Rogan moved to amend the said resolution by adding the fol- 
lowing section: ‘‘Section —. It shall be the duty of the legislature 
at its first session and at any session thereof after the adoption of this 
constitution to pass such laws as may be necessary to secure the in- 
tegrity of the ballot box, prevent fraud and corruption in elections, 
and preserve the purity of the elective franchise,’’ which was disagreed 
to. 

The question was then put on ordering the said resolution to be en- 
grossed for its third reading [and was decided in the negative]. And 
the ayes and noes having been called for and ordered, those who voted 
in the affirmative were [affirmative 41, negative 41; for the vote see 
Appendix [, roll call 271]. 

Asa Kinne asked that leave of absence be granted him for the re- 
mainder of the session, which was agreed to. 

Wn. R. Smith, from the committee on contested elections, to whom 
it had been referred to inquire into the expediency of paying the ex- 
penses of Mr. Burchard and M. J. Bovee in contesting the seat of Mr. 
Burchard, made the following report: 


““The committee on contested elections, to whom was referred the 
resolutions in relation to the expenses of Charles Burehard and Mat- 
thias J. Bovee, report: 

““That Charles Burchard has exhibited a bill of expenses the items 
of which in the aggregate amount to $67. 

“That Matthias J. Bovee has exhibited no bill whatever. 

“That, as Charles Burchard was the sitting member in virtue of his 
certificate of election, as Matthias J. Bovee has failed in his applica- 
tion contesting the seat of Mr. Burchard, and as Mr. Burchard was 
obliged, by the action of the convention, to incur considerable expense 
in traveling and in taking depositions, a majority of the committee 
have agreed to the following resolutions: 

““ ‘Resolved, That Charles Burchard be allowed the sum of $67 to 
defray his necessary expenses incurred as above stated, and that the 
secretary of the convention issue a certificate to him for the same.’ 

““ “Resolved, That the committee be discharged from the further con- 
sideration of the claim of M. J. Bovee.’ 

Wo. R. Suitu, Chairman’’ 


700 WISCONSIN HISTORICAL COLLECTIONS  [pDee. 10 


Mr. Manahan introduced the following resolution, to wit: ‘‘Re- 
solved, That the president of this convention be instructed to issue cer- 
tificates to each of the members of this convention for two dollars per 
day from the fifth day of October to the day of adjournment, inclu- 
Sive, upon which certificates shall be endorsed the amount paid to each 
member.’’ 

Messrs. Gilmore, Giddings, and Moore asked that leave of absence 
be granted them from and after today. Leave was granted. 

Mr. Burt introduced the following resolution, to wit: ‘‘Resolved, 
That the treasurer of the territory be requested forthwith to report to 
the secretary of this convention the amount of per diem and mileage 
paid to each member of this convention.’’ 

Mr. Elmore moved that the resolution introduced relative to the pay 
of members and officers of the convention be taken up and referred to 
a select committee of three, which was agreed to. 

The President announced the appointment of the following commit- 
tee to whom the said resolutions were referred, viz., Messrs. Elmore, 
Manahan, and Baker. 

Mr. Magone, by leave, introduced the following resolution, to wit: 
“‘Resolved, That this convention adjourn without day on Tuesday, the 
fifteenth instant.’’ 

Mr. Huebschmann moved that the same be laid upon the table, which 
was agreed to. 

On motion of Mr. Ryan the convention adjourned until tomorrow 
morning. 


1846] THE CONSTITUTION OF 1846 TOL 


Fripay, DrEcEMBER 11, 1846 


Prayer by the Rev. Mr. Miner. 

The reading of the journal of yesterday was dispensed with. 

Mr. Dennis moved that George Hyer be added to the committee on 
expenses, which was agreed to. 

Mr. Parks, from the committee on revision, reported back articles 
from 1 to 8 inclusive, with amendments. And the question having been 
put on concurring in the first amendment of the committee, which was 
to add to the nineteenth section of the article on the judiciary the words 
““and all indictments shall conclude against the peace and dignity of 
the state,’’ it was decided in the affirmative. 

The question was then put on concurring in the second amendment 
of the committee, which was to strike out ‘‘Richland,’’ where it occurs 
in the apportionment of representatives, in article No. 10, and insert 
the same immediately after the word ‘‘Crawford,’’ which was agreed to. 

Mr. Baker moved to amend the seventh section by striking out the 
words ‘‘or who shall be a defaulter to the United States or to this 
state,’’ which was disagreed to. 

Moses M. Strong gave notice that he would on some future day move 
to reconsider the vote by which the article relative to the boundary of 
the state was passed. 

Moses M. Strong moved to take up the motion of Mr. Vineyard to 
reconsider the vote on the passage of the resolution relative to colored 
suffrage, and also moved a eall of the convention, which was ordered, 
and Messrs. John M. Babcock, Hiram Barber, J. Allen Barber, Bow- 
ker, Hiram Brown, Burchard, Clark, Edgerton, Elmore, Green, Hazen, 
N. F. Hyer, Judd, Asa Kinne, Madden, Noggle, Patch, Randall, Ro- 
gan, George B. Smith, Vineyard, and Vliet, reported absent. 

Messrs. N. F. Hyer, J. Allen Barber, Burchard, Vineyard, Vliet, Asa 
Kinne, Hazen, and Hiram Barber were excused from their attendance. 

The serjeant at arms was sent for the absentees. 

Moses M. Strong moved that the absentees be excused, which was 
disagreed to. 

Mr. Judd moved that all further proceedings under the call be dis- 
pensed with, which was agreed to. 

The question then recurred on reconsidering the vote on the passage 
of the resolution relative to colored suffrage, when Mr. Dennis moved 
the previous question, which was seconded. And the question having 
been put, ‘‘Shall the main question be now put?’’ it was decided in 
the affirmative. 

And the question having been put on the motion of Mr. Vineyard, 
it was decided in the negative. And the ayes and noes having been 
called for and ordered, those who voted in the affirmative were [affirma- 
tive 25, negative 63; for the vote see Appendix I, roll call 272]. 


702 WISCONSIN HISTORICAL COLLECTIONS  {Dee. 11 


Moses M. Strong gave notice that in proper time in deference 
to the feelings of his colleague (Mr. Parkinson) he would move 
a reconsideration of the vote by which the ordinance on boun- 
daries was passed, for the purpose of striking out the proviso 
of the gentleman from St. Croix (Mr. Holcombe). 

Mr. Strong then spoke in a high tone of panegyric of the 
constitution as a whole. In beauty without an equal in the 
annals of constitutions! He thought, to be sure, it had faults, ~ 
but then those faults and blemishes only made the virtues shine 
the more brightly, and concluded his remarks on that head 
with the sentiment, ‘‘ With all thy faults I love thee still.”’ He 
would give it a hearty support with all the energy of his nature 
—but there was one thing to go forth with the constitution, not 
as a part of it, which neither he nor his constituents could sup- 
port—the resolution for the separate submission of the negro 
suffrage question. He had no fear of the effects of the reso- 
lution himself, but spoke of the extreme prejudice with which 
his constituents in the west regarded the Yankees of the east 
—they would regard it as a sort of ‘‘mental reservation,’’ and 
would go against the whole constitution, he feared. He there- 
fore moved to take up the motion to reconsider the passage of 
that article, made by Mr. Vineyard. He called on those who 
were friends to the constitution as it is to give him their sup- 
port. He did not ask it of those who had made up their minds 
to oppose it from other reasons. He spoke of Mr. Parks, whom 
he had asked for support, and who, he said, had refused, on the 
ground that he should oppose the whole constitution on account 
of the article on married women, which course he considered 
perfectly honorable on the part of that gentleman. He did not 
call on those who were going to oppose the constitution, but 
he did call on its friends to support him in this measure. 

Mr. Parks then said that, as he had been alluded to, he would 
say that he agreed with the gentleman from Iowa in his praise 
of the constitution as a whole. He considered it as beautifully 
and concisely drawn. ‘‘But,’’ said he, ‘‘there is one article 
which upsets the whole—that on the rights of married women.”’ 
His constituents were not willing to leave established ways, and 
the old common law, and strike into an unknown sea. He said 


an 


1846] THE CONSTITUTION OF 1846 703 


that article would lead to vice and confusion unutterable and to 
the worst kind of an aristocracy. It will bring back all the 
evils of entail and accumulate great fortunes to prevent their 
use in business. 

The question was then taken, and the convention refused to 
reconsider—ayes 25, noes 63.—Express, Dee. 15, 1846. 


Mr. Elmore, from the select committee to whom had been referred 
sundry resolutions relative to the per diem of members and officers, re- 
ported the following resolutions, to wit: “‘Resolved, That certifi- 
eates, signed by the president and secretary of this convention, be is- 
sued to each member who has been in attendance for the balance due 
him for attending said convention from the fifth day of October to the 
—— day of December inclusive, at two dollars per day, and that cer- 
tificates be also issued to the officers thereof for the balance due them 
for their services. 

“Resolved, That said certificates may be presented to the auditor of 
the territory, who is hereby required to issue warrants on the treasurer 
of the territory in such amounts as may be required, corresponding in 
the aggregate with the whole amount of each certificate so presented.”’ 

On motion of Moses M. Strong the convention took a recess until 
two o’clock, P. M. 


TWO O'CLOCK, P. M. 


The resolution introduced by Mr. Bennett on yesterday, relative to 
paying the assistant librarian, was taken up and adopted. 

The resolution introduced by Mr. Gibson on yesterday, relative to a 
separate submission of the article on banks and banking, was taken up, 
when Mr. Baker moved to amend the same by inserting before the word 
‘‘hanks,’’ the words ‘‘the sixth section of the.”’ 

Mr. O’Connor moved that the said motion be laid upon the table. 
And the question having been put, it was decided in the affirmative. 
And the ayes and noes having been ealled for and ordered, those who 
voted in the affirmative were [affirmative 44, negative 26; for the vote 
see Appendix I, roll call 273]. 

The resolution introduced by William R. Smith on the twenty-seventh 
ult., relative to printing the constitution and journals, was taken up, 
when Wm. R. Smith moved to amend the same by striking out all of the 
first resolution after the word ‘‘signatures,’’ and insert[ing] the words 
“‘Done in convention at Madison, the day of December, in the year 
of our Lord one thousand eight hundred and forty-six, and of the in- 
dependence of the United States of America, the seventy-first,’’ which 
was agreed to. 

Mr. Toland moved to amend the second resolution by inserting after 
the word ‘‘printed’’ the words ‘‘in the English, 5,000 copies in the 
German, and 5,000 in the Norwegian language.”’ 


704 WISCONSIN HISTORICAL COLLECTIONS  [Dee. 11 


Mr. Phelps moved to amend the amendment by adding ‘‘1,000 copies 
in the Winnebago, 1,000 in the Chippewa, and 500 in the Potawatomi 
tongues,’’ which was disagreed to. 

Wm. R. Smith moved to amend the [third] resolution by striking out 
all in the first line to the word ‘‘be,’’ and insert[ing] ‘‘that the secre- 
tary of the convention shall prepare the journal for publication, and 
shall procure 500 copies thereof to,’’ and also to insert after the word 
‘‘printed,’’ the words ‘‘printer to the convention.’’ 

Mr. Huebschmann moved to amend the amendment by striking out 
the words ‘‘printer to the convention,’’ and insert[ing] ‘‘by Moritz 
Schoeffler.’? And the question having been put, it was decided in the 
negative. And the ayes and noes having been called for and ordered, 
those who voted in the affirmative were [affirmative 13, negative 63; 
for the vote see Appendix I, roll call 274]. 

Mr. Ryan moved to amend the amendment by striking out the words 
‘‘printer to the convention.’’ And the question having been put, it 
was decided in the negative. And the ayes and noes having been called 
for and ordered, those who voted in the affirmative were [affirmative 12, 
negative 63; for the vote see Appendix I, roll call 275]. 

Mr. Bevans moved to amend the amendment by striking out all after 
the word ‘‘by,’’ and insert[ing] ‘‘the lowest bidder who shall give good 
security for the performance of his contract,’’ which was disagreed to. 

A. Hyatt Smith moved to amend the amendment by striking out the 
words ‘‘secretary [printer] to the convention,’’ and insert[ing] the 
words ‘‘George Crabb.’’ And the question having been put, it was 
decided in the negative. And the ayes and noes having been called 
for and ordered, those who voted in the affirmative were [affirmative 
12, negative 63; for the vote see Appendix I, roll call 276]. 

Mr. Brace moved to amend by striking out the words ‘‘printer to 
the convention,’’ and insert[ing] the words ‘‘H. A. Wright, publisher 
of the Prairie du Chien Patriot,’’ which was disagreed to. 

The question then recurred on the amendment of William R. Smith, 
and, having been put, it was decided in the affirmative. 

Mr. Huebschmann moved to amend the resolution by adding the fol- 
lowing: ‘‘Resolved, That a committee of three members, of which the 
president shall be chairman, be appointed to make a contract with 
Moritz Schoeffler to translate the constitution into the German and 
Norwegian languages, and for the printing of 5,000 copies thereof in 
the German language and 5,000 thereof in the Norwegian language.’’ 

Mr. Baker moved to amend the amendment by striking out ‘‘a com- 
mittee of three members, of which the president shall be chairman,’’ 
and insert[ing] ‘‘the secretary of this convention,’’ which was dis- 
agreed to. The amendment of Mr. Huebschmann was then adopted. 

William R. Smith moved to amend by adding the following resolu- 
tion: ‘‘ Resolved, That the accounts of the printer for the printing of 
the constitution and of the journal shall be examined and settled by 
the secretary of the convention, at the same rate as has been hereto- 
fore allowed by the legislature for printing the journal, and he shall 
issue his certificate to the printer for such amount as shall be found 


1846] THE CONSTITUTION OF 1846 705 


due, which said certificate shall be a sufficient authority for the treas- 
urer of the territory to pay the said amount out of the funds appro- 
priated to pay the expenses of the convention, and that the secretary, 
on publication of the said constitution and journal, shall distribute the 
same according to the foregoing resolutions, and that the secretary 
shall be allowed the sum of $200 out of the territorial treasury for such 
services.’ 

Moses M. Strong moved the previous question, which was seconded. 
And the question having been put, ‘‘Shall the main question be now 
put?’’ it was decided in the negative. So the further consideration 
of the said resolution was postponed until tomorrow. 

On motion of Mr. Dennis the convention adjourned until tomorrow 
morning at ten o’clock. 


45 


706 WISCONSIN HISTORICAL COLLECTIONS  [Dee. 12 


Saturpay, DrecEMBER 12, 1846 


Prayer by the Rev. Mr. McHugh. 

The reading of the journal of yesterday was dispensed with. 

Mr. Dennis, from the committee on expenses, made the following 
report, to wit: 

‘“The committee on expenses make the following report: ‘Resolved, 
That the following expenses of the convention be allowed as follows, 
to wit: 

To William Pyncheon, for work done in preparing room for con- 


VENLION, isi eb eels eicice ance ele vlc cle a oln ee clas o1s\yin(aiainte ob insite te tetoeae $14.00 
To Levi Putnam, for labor, ..........: cece cere eee ee ee ence esecees 6.00 
To Blanchard & Co., for Crape, .....-. eee eee cece cece ene e et eeneceees 4.88 
To Baxter & Hall, for crape, ......... 2025 cee eee ee eee eee tte eee tenes 4.50 
To Shield & Sneden, for crape, ......-- eee ce cere ere eee re ee nenrenee 12.24 
To Daniel N. Johnson, for 24 days’ writing, ....... oid ole Reet ous ene eae 72.00 


To the following clerks of courts, for furnishing an abstract of the 
business of their respective courts, in pursuance of a resolution 
of the convention, to wit: 


To John E. Holmes,.. ...--.-cccccecccccccsccerccececssccessensntas 5.00 
To Jonathan Wyatt, ......... ccc ccc e cerns cree cer ersaccseeersscsses 5.00 
To Simeon Mills, 2.0.0. 02. ce eee ene weenie soe os 26 eo lee lel als linge sialeielansisae 5.00 
To Isaac Brow, (2.06 s cee cee cele cleleielale e004 ele)0\ a) =) alnliatetaloil asic tenons 5.00 
To William Rittenhouse, .........-ee eee c ec ee rte cece er ee se scence 5.00 
To William T. Henry, ......csccccccccccscececesscscccssscsscnces 15.00 
To LaFayette Kellogg, clerk supreme COUrt, ....-..+++++++seeeeees 5.00 
To E. B. Dean, for candles, brooms, Oil, etc. ...-...2---eeeereeenes 38.75 


<< «Resolved, That the treasurer of the territory pay the foregoing ap- 
propriations out of any funds in his hands subject to the control of the 
convention.’ ”’ 

Mr. O’Connor introduced the following resolution, which was read, 
to wit: ‘Resolved, That the sum of $100 be paid to each of the assistant 
secretaries for extra writing done for this convention.’’ 

A. Hyatt Smith introduced the following resolution, which was read, 
to wit: ‘‘Resolved, That the sum of one dollar per day be paid to each 
of the assistant secretaries, for extra writing done by them during the 
session.’? A. Hyatt Smith moved that the rules be suspended for the 
consideration of the said resolution, which was disagreed to. 

Mr. Parks, from the committee on revision, reported the constitution 
as arranged by them, with amendments. 

The first amendment, which was to amend the article on suffrage 
and the elective franchise, by striking out the tenth section thereof. 
and inserting it in the article on the constitution and organization of 
the legislature, was concurred in. 


1846] THE CONSTITUTION OF 1846 707 


Mr. Ryan moved to amend the report of the committee by inserting 
in article No. 2, between the words ‘‘the’’ and ‘‘Indian’’ the words 
‘‘mixed white, and,’’ and also by striking out the word ‘‘the’’ and 
moved a suspension of the rules for the consideration of said motion, 
which was disagreed to. 

The second amendment of the committee, which was to strike out the 
first section of the article on eminent domain and property of the state, 
was concurred in. 

Mr. Ryan moved to amend the article on the rights of married women 
and on exemption from forced sale by inserting after the word ‘‘dol- 
lars,’’ in the sixth line, the words ‘‘owned and occupied by any resi- 
dent of the state,’’ which was agreed to. 

Mr. Ryan moved to amend the said article by striking out the word 
‘‘respectful’’ in the eighth line of section 8, and also by striking out 
the words ‘‘and authentic’’ and insert the letter ‘‘a,’’ which was 
agreed to. 

Mr. Ryan moved to amend article No. 21 by striking out the word 
“‘colored’’ in the title, and insert[ing] the word ‘‘negro,’’ and also by 
striking out the word ‘‘colored’’ wherever it occurs in the resolution 
and inserting the words ‘‘ African blood,’’ which was agreed to. 

A. Hyatt Smith moved that the article on negro suffrage be enrolled 
on a separate parchment and signed by the president and secretary. 

Mr. Hicks moved to amend the motion by striking out all after the 
word ‘‘parchment,’’ and insert[ing] ‘‘and signed in like manner as 
the constitution,’’ which was disagreed to. 

The question then recurred on the motion of A. Hyatt Smith. And 
having been put, it was decided in the affirmative. 

On motion of Mr. Ryan the convention adjourned until four o’clock, 
PM. 


FOUR O’CLOCK, P. M. 


Mr. Dennis, from the committee on expenses, reported the follow- 
ing resolution to wit: ‘‘Resolved, That the following sums be allowed 
for incidental printing and for newspapers furnished the convention, 
to wit: 


To W. W. Wyman, for balance due him for newspapers,.......... $203.00 
To Simeon Mills & Co., for balance due them for newspapers and 
TET ic Be ea g eo ae aaebenoaa rac Sher erect Om Ae oar rae 560.39 
To Beriah Brown, for balance due him for newspapers, ........... 800.00 
To Beriah Brown, printer to the convention, for balance due him 
Pareancidcntal. Printing src sce eatiacls a kets cise Dalelsletete ele oataleieaiaate 474.34 


‘Tn the bill of Beriah Brown, the committee find that a small por- 
tion of the work has been performed out of the usual mode, which 
makes an extra charge for press work, but as the work has been done, 
the committee have agreed upon allowing the same. 

‘Resolved, That certificates for the foregoing appropriations signed 
by the president and secretary of the convention be issued to the per- 


708 WISCONSIN HISTORICAL COLLECTIONS  [Dec. 12 


sons to whom said appropriations are made, respectively, and that said 
certificates may be presented to the auditor of the territory who is 
hereby required to issue warrants on the treasurer of the territory in 
such amounts as may be required, corresponding in the aggregate with 
the whole amount of each certificate so presented, and the treasurer of 
the territory is hereby directed to pay the same.’’ 

And the question having been put on the adoption of the said resolu- 
tions, it was decided in the affirmative. 

Mr. Parkinson introduced the following resolution, which was read, 
to wit: ‘‘Resolved, That the treasurer be directed to pay out of the 
first moneys in the treasury for that purpose to Joshua White the 
sum of $66 dollars, his mileage and part pay per diem; and the sum 
of $50 to Andrew Burnside, as part pay for per diem allowance to 
him as a member of this convention.”’ 

The resolution introduced by Mr. Dennis on the second instant, rel- 
ative to the per diem of the members,was taken up, when A. Hyatt 
Smith moved that the consideration thereof be postponed indefinitely. 

Horace Chase moved that the blank be filled with ‘‘twelve,’’ which 
was disagreed to. 

Mr. Burt moved that the same be filled with ‘‘ten.’’ 

Mr. Huebschmann moved that the same be laid upon the table, which 
was agreed to. And a division having been called for, there were 28 
in the affirmative and 23 in the negative. 

The resolution introduced by Wm. R. Smith on the twenty-seventh 
ultimo, relative to printing the journal, etc., was taken up, when Wm. 
R. Smith modified his amendment thereto by striking out ‘‘two hun- 
dred’’ in the allowance of the secretary for preparing the journal, and 
inserting ‘‘four hundred’’ in lieu thereof. And the question having 
been put on said amendment as modified, it was decided in the affirma- 
tive. 

Mr. Baker moved to amend by striking out the words ‘‘the use of,’’ 
and insert[ing] ‘‘distribution by,’’ which was agreed to. 

A. Hyatt Smith moved to amend by striking out before the word 
‘‘German’’ the word ‘‘5,000’’ and insert[ing] the word ‘‘10,000,”’ 
which was disagreed to. The said resolutions were then adopted. 

The resolution introduced by Mr. O’Connor this morning, relative 
to the payment of the assistant secretaries, was taken up, when Mr. 
Ryan moved to amend by striking out all after ‘‘resolved’’ and in- 
sert[ing] ‘‘that each of the assistant secretaries be paid four dollars 
per day.’’ And the question having been put, it was decided in the 
affirmative. 

The Chair decided that the resolution would be postponed, as no 
quorum voted. 

On motion of Mr. Ryan the convention adjourned. 


1846] THE CONSTITUTION OF 1846 709 


Monpay, DEeceMBER 14, 1846 


Prayer by the Rev. Mr. Miner. 

The reading of the journal of Saturday was dispensed with. 

Mr. Bowen moved a eall of the house, which was ordered. And a 
quorum being found in attendance, all further proceedings under the 

-eall were dispensed with. 

The President announced the appointment of the following commit- 
tee, under the resolution relative to printing 500 copies of the consti- 
tution in the German and 500 in the Norwegian language, to wit: 
Messrs. Huebschmann and Hunkins. 

George Hyer moved that Andrus Vial have leave to withdraw the 
contract entered into between himself and Ezra L. Varney and the 
superintendent of territorial property for plastering the convention 
chamber. 

A. Hyatt Smith moved to amend the motion so as to require the sec- 
retary of the convention to endorse the resolution allowing to said Vial 
& Varney the sum of one hundred dollars on said contract, which was 
agreed to. And said resolution having been so endorsed he was al- 
lowed to withdraw the contract from the files of the convention. 

The resolution relative to extra pay of assistant secretaries, intro- 
duced by Mr. O’Connor on Saturday last, was taken up. And the 
question being on concurring in the amendment of Mr. Ryan, which 
was to strike out all after the word ‘‘resolved’’ and insert ‘‘that each 
of the assistant secretaries be paid four dollars per day during the 
time they have been employed as such, in full payment of their serv- 
ices,’’ Horace Chase moved to amend the amendment by adding the 
following, to wit: 

‘*And WHEREAS, it appears by the report of the committee appointed 
to ascertain from the territorial treasurer the amount of funds in his 
hands appropriated to pay the expenses of the convention that he has 
at this time no funds whatever. And WHEREAS, it is uncertain at what 
period any funds arising from the sale of canal lands may come into 
the hands of the territorial treasurer, and WHEREAS, the delegates 
to this convention in anticipation of such period will be obliged to re- 
ceive certificates of pay which are at this time valued at twenty-five 
per cent below par: therefore, 

“‘Resolved, That the president of the convention issue a certificate 
to each member thereof for the additional sum of one dollar for each 
day’s attendance on the same, from the third day of November last, 
at which time fifty dollars in cash was paid to each member by the ter- 
ritorial treasurer.’’ 

And the question having been put on the said amendment, it was de- 
cided in the negative. And the ayes and noes having been called for 


710 WISCONSIN HISTORICAL COLLECTIONS  [Dee. 14 


and ordered, those who voted in the affirmative were [affirmative 27, 
negative 40; for the vote see Appendix I, roll call 277]. 

Horace Chase then moved to amend the amendment by adding the 
same as the one offered previously by him, with the exception of strik- 
ing out ‘‘one dollar’’ and inserting ‘‘fifty cents’’ in lieu thereof. And 
the question having been put on said amendment, it was decided in 
the affirmative. And the ayes and noes having been called for and or- 
dered, those who voted in the affirmative were [affirmative 39, negative 
38; for the vote see Appendix I, roll call 278]. 

Mr. Drake then moved further to amend the amendment by striking 
out ‘‘four dollars’’ in the pay of the assistant secretaries, and inserting 
‘‘three dollars and fifty cents’’ in lieu thereof, which was disagreed to. 

Mr. Moore then moved to amend by adding, ‘‘and that the sergeant 
at arms, doorkeepers, messengers, and firemen be allowed the sum of 
two dollars and fifty cents per day for their services, from the third 
day of November until the day of adjournment inclusive,’’? which was 
agreed to. 

The question was then put on the amendment as amended and was 
decided in the affirmative. The resolution as amended was then 
adopted. 

Mr. Boyd offered the following resolution, which was adopted to wit: 
‘*Resolved, That the Rev. Stephen McHugh and the Rev. S. E. Miner 
be allowed such sum as together with what they have already received 
will amount to one hundred dollars, each, for their services as chap- 
lains to this convention, to be paid out of any moneys in the treasury 
applicable to the payment of the expenses of this convention.’’ 

A. Hyatt Smith offered the following resolution, which was adopted, 
to wit: ‘“‘Resolved, That this convention do adjourn sine die on 
Wednesday, the sixteenth day of December instant, at eight o’clock, 
A. M.”’ 

On motion of Mr. Randall the convention adjourned. 


1846] THE CONSTITUTION OF 1846 711 


TuEspAY, DECEMBER 15, 1846 


Prayer by the Rev. Mr. McHugh. 

The reading of the journal [of yesterday] was dispensed with. 

Mr. Bennett introduced the following resolution, which was adopted, 
to wit: ‘‘Resolved, That Beriah Brown be allowed five dollars for 
printing 150 certificates for the convention.”’ 

On motion of Mr. Elmore the convention adjourned until tomorrow 
at eight o’clock, A. M. 


712 WISCONSIN HISTORICAL COLLECTIONS [bee 16 


WEDNESDAY, DECEMBER 16, 1846 


The reading of the journal of yesterday was dispensed with. 

Mr. Jenkins offered the following protest, which was read and or- 
dered to be entered upon the journal of the convention, to wit: 

‘“‘The undersigned, not having kad an opportunity to record his vote 
against the passage of the resolution entitled ‘‘Resolution of Saturday, 
December 12, 1846, relative to raising the pay of members and offi- 
cers,’’ for the reason that the convention refused to order the vote on 
the passage of said resolution to be taken by ayes and noes, hereby 
protests against the passage of said resolution and places his protest 
on the journal of the convention. 

‘“‘The reason for which he protests against the passage of said reso- 
lution is the following, to wit: That the convention have no power to 
pass any resolution giving to the officers or members thereof any greater 
pay than that allowed by law. 

THOMAS JENKINS.’’ 


Mr. Elmore, from the committee on revision, reported the constitu- 
tion as correctly enrolled. 

Wm. R. Smith introduced the following resolution, which was 
adopted, to wit: ‘‘Resolved, That the thanks of this convention be 
given to the Hon. D. A. J. Upham, for his able, faithful, and impartial 
discharge of the arduous duties of president of the convention, during 
the session of the same.’’ 

Mr. Randall moved that the convention adjourn sine die. And the 
question having been put, Mr. Magone in the chair, it was decided in 
the affirmative. 

The President then rose and addressed the convention as follows: 


Gentlemen of the Convention: 

Our deliberations are finished, and it has become my duty, for the 
last time, to address you. We have performed a work of no ordinary 
labor and difficulty, and, be it for good or evil, we have this satisfac- 
tion—it must receive the sanction of the sovereign people before it can 
become operative. The difficulties we have encountered have perhaps 
been greater than most of us in the outset anticipated, and yet, so far 
as we have been able to discover, they have not originated in most cases 
so much from any great difference of opinion as to fundamental prin- 
ciples as in the manner and mode of carrying them out. That we have 
made a constitution that will not meet with serious Opposition is per- 
haps not to be expected. When we reflect upon the present situation 
of this territory, settled as it has been by citizens of almost all the states 
of the Union, as well as with a large emigration from several of the 
foreign states, it is unreasonable to suppose that we could frame our 
fundamental law except in a spirit of compromise. We have this con- 


— ae 


1846] THE CONSTITUTION OF 1846 713 


solation, that no one objectionable feature in this constitution is con- 
sidered objectionable in every section of the territory. What is con- 
sidered objectionable in one section is a favorite article in another, and 
so of almost every feature of our work that has as yet met with any 
serious opposition. When our whole work is fairly laid before the 
people, and calmly and deliberately investigated by them, and when, 
too, they come to reflect upon the care and facility with which the 
features individually objectionable to each may be altered or amended 
at any time when such amendments can receive the approval of a ma- 
jority of the whole people, and also when they reflect that the same 
difficulties and diversity of opinions will in all probability exist in case 
another convention, composed of entirely new members, should be called 
at any early period, cannot we expect, under such circumstances, that 
our constituents will look upon the subject with the same spirit of com- 
promise, by which, only, their representatives have been able to ac- 
ecomplish their work? 

To you, gentlemen, on this occasion, it is my duty to say, as well from 
the vote which you have just ordered to be entered upon your jour- 
nal, as from your kind indulgence and generous support on all ocea- 
sions, through our protracted, and sometimes exciting deliberations, I 
am under the greatest obligations and return you my most sincere 
thanks. When elected your presiding officer I had had no experience 
or acquaintance for several years of parliamentary law, and necessarily, 
at the early stages of our session labored under many difficulties in 
deciding questions of order, without time for deliberation and examina- 
tion. It has been my utmost endeavor on all occasions to decide im- 
partially and correctly, and although I may have often erred, it is no 
small consolation to feel that I have always enjoyed the confidence 
and good opinion of the convention. To preside over a large deliber- 
ative body is always arduous and sometimes difficult; and it has often 
been said by the presiding officers in our national council that the good 
order and decorum of such bodies depend mainly upon the dignity 
and sense of propriety of the individual members, and I hazard the 
opinion that the general propriety and dignity maintained in our 
deliberations will advantageously compare with that of most legisla- 
tive bodies of the same size. 

During our session we have been called to mourn the loss of one of 
our most distinguished, useful, and most talented members, under cir- 
cumstances calculated to awaken the deepest sympathy and feeling in 
every bosom. May we profit by this sad dispensation, and when we 
leave this hall may we forget everything unpleasant that has occurred 
between us as individuals, hold on to the good, and cherish in our 
memories all that will elevate, ennoble, and improve our common na- 
ture. We part—many of us never again to meet this side of eternity. 

In conclusion, permit me to wish you a safe return to your friends 
and families, and may the blessings of an over-ruling Providence rest 
upon us all. 

I have now only to perform the last duty assigned me—I pronounce 
this convention adjourned without day. 

The convention then adjourned sine die. 


714 WISCONSIN HISTORICAL COLLECTIONS 
APPENDIX I 


NUMBER OF ROLL CALL 


Members. 1| 2| 3] 4] 5} 6| 7| 8} 9)10/11|12/13/14|15 | 16|17|18|19]20|211|22|23|24)25|26|27|28/29|30)31 
ae ee eet | AEs hs fe) el 

Agry «.....-- Sa spaiste Dee ete c satntete a@| a) a] a) 0] a) D) Dn) DO} DO) & a) a/ DO} Qn} n| a} a} a} D) a} a) D)..| OD) @ a)..|-- 
Atwood ........-- seceeeeeeeeee/es| &| @| &] D) a] DQ! a] a} Dn} a) al) al DY] pp) al al ol} nl al al al no) on} al al nj aja 
Babcock, B. ..... Dieefecles[ecteclecteele feelesleslesten | les lecleeleelecleeleeleclen[eclen|eclen|aclen 
Babcock, J. M. ....|-.| @] a] a] D) a] D) Do} n| al n) al al alo! 4! ol al al..|..| al al al..|..| a] al..|..|o 
1314 hte Sa aGandoescace a opribensyed a| aj a] D) Oo) 0) ) Oo) ) a} D/O) n) a] g) g| n\n} a} al ol ol ol al aj ni o| al ojo 
Baker ..... Bamana | a] no} n} alo) no] o}..| no} no} 0) a) 0] oI ol al al al al nl al ol..|..|..| alo] alo 
Barber, H. ..... @| @) a) D) a) D/O) Oj a) Dy) a) a) a) DO! pn) ol) a] alo} ol aj a} o} D/O) a) aj nin 
Barber, J. A. .... --{se}..]..| @| D) 0) Dn] D) a} no) n/ D) a} a) a! n\n] al alo} al on] al al oj aj ojo 
a) @| @) D) a) 0) OD) Dy a) a) a) a) a) a) a) a) nl alo) on) aj | a} | an) ooarn 

@) @) D) Dy a)..|..). |.eJee[ee[ee}ee ..{.-]--|--] &| a] a] a] D] DD} a) a} alo 

@)..| D) @) a) a) a a) a) D) a) a) a) Dy) n) ol aj a} no) oO) a} a) D/O) a) aj non 

selee}ee]--| &) D/D @/ D| a] a] a) D] n\n) al al oj a} | a} Do) a) ay Dayo 

a|..|..| n) al ala a) D| a] a! a} D] o] ol al al no} a} al a} al oo] al aj ajojo 

Q)..|..] &| Dl..}-.}. sleelee}e-fee]  ]../..]..1 D] Dp] a] al nn} ni} Dp) al alaioyo 

| a) 0) D) a) O) D/O) n/N) a) a) a) n/n} al a} a] o)..| a] 0} 0) | a} al..| ao 

D| a] D} D} a} DO} DO} D) OD) a) DD) D)D] yn) nl al al a} aj} ol al ol al ol al al nl alo 
se[ee[ee|+-|.-]--] DD) a} a] no] a) al al} pn} pn] al al al al ol al ol ol on] al alojojo 

-|D a a| a] a) Dn} aj a) an] py} nl al al ni nl al ni ol olnlal aljolojn 

-|D)..) a DD} D/0/0/Q0}..| a} ain n\n| a] al al al OD) alo) njoj al ajnjaya 

nna D/ 0) D/O) a) DO) 0) D) a) a) al n\n] al al no) nn] a] a} nn} nO) nla 

Burnett |)ciis selec | a D) D/ 0/0} D0) 0/0} a) 0] pn} nj} n\ al aj al ni nj ol alo} al al ajoon 
Burnside ...... Bitatateieeiepste was etaie)| PE red a +-| D2) a) a) a) Dd] p/n} aj al} Oo} nD] a] a) a) DD) a) alana 
URE 9 ere letale nleinin)e inlets h sintelsielatetasete lista aleiictelipiellieedstelietetiers oui] fein be Piniadhis ali ..Jee{e-].-/ @| D| a] D} a] a} DO) O)..|../0 
Oartierye caeiteeiciee piaateralastctel Poyeelooliaolts|lacleamelicaiisclinaleel Ale iBSits ..{../D/ Dp} al alo) a) pl ala 2 
Chamberlain .................|..{ D| a| aj a] a] o} a) aj al nj al] al alo] p a] al n] | aj..| n| n| no} al..|.-|..].. 
CNAs se sie co cinclne tive alee +|+-| @} DD} D) 0) 0) OD) 0) 0) al] yp} yn} nl al} al al ol alo} alo} al al..|..jo 
Chases iWrilsessuianscsbs seeeee-| @| A] a] a] D) a} DD} nn} Dn} al no} al a} alo} |p) al al nl al ol al nol ol nl} al al ol ala 
Olark ice -lec\n seeeseseeeeseeees| D/ | a] D] a! al a] al al a} nial ala ..|../..| no! nl al alal....}..tal..[..to- 
Clothier cecscacancse ares Geoece --|--/e-{--{--] 8] D| DO) OD] n/n] a} oj al al ai aln a] al D| al nia ala D 
OOOMBS I; sesinccusctonek cue pasate A SACO C alle oltoalrae RAPARRIAACRIGAIAs siooicaoaloclicsisci-- 
Cooper ... D/ 0} a] a) DO) a) D/O) o} a} n) of] no} no} a) no} oo} 0) a} a} 0) a} Oo) a) DO) Dy) a).. 
Coxe .... a araitiatsistels ete DD) D)D/ Dn) 0/0) 0) a) a) n/n) on] 20) alan) ayaa aagajaanna 
Crawford ........ seeeeeesees+| &! & B) A] D) Al) 0) 0) Nn) 0) n/n} al no} al n!} aj al a} a} OD) | a/ a} Oo) | al) a) ajo 
OTUS OM bane reislecraeeiat sal stnietnicleeel | XLIPak | oe D| a] D/ D} DA) aj D} Da} a] a} al al Oo} a} a} | al DO} a} aj) ajoje 
Dennis ..... -| D) a] a} a} n} aj Dn] o}..| a} o} a] a} al | no} n} al alo} oo} a} a} D/O} a) a) Dayo 
Dickinson +| @) &) &) D)..) @] D) D) D} a] D} a) a| a} n| 0} DO) a} a} OD) a} a} DD) DY A) a)..|--|-- 
DOGY wes vd ce seeeecceeeeeeeees| & &| &| 8] A] al D/ 0] DO) alo} Do] no] | a] al DO} al a} Dj a} DD} a DD) a) a) a) ae 
Drake)lis. use eseaen HERE cial +e++-| D/ al../../ D) a| D) no} Blo} ajo} no} Do} aj] a] a} no) al a) O)..| a} a) DO) ale 
Dunning ................+..++.| a! a] &] D) DO! al a} al al al ol al aj al no} al no} al alo} oj al nj alo} oj al..| nj) no 
Edgerton --|D)/ 2) p/n) no} a} a) nna} ol alalnola al al al n| al al nj alo} al on} n/ al alo 
Ellis esse esses eee eeeeeseeeeee| D| @}..|..| a] alo] 0} no} n/n} n] on] a] al alo} nl al alo} nl of al] al | oo} nl ajo 
Elmore ........ seeeeeeeeeeeees| D/O) 8] a) D/ Da! al al al..|..}..].-1..] ., ealecfenlact= Jeetpuiere ss |= el) = sini 
Fitzgerald!) 320: ices acseauee so0] D) B) B)..) @) Ale.) |e efeelesfeeleeleeten| Jol. .[eefee] Dlee]ee|eeleelee/ee]e+|--| D) B/D 
French .. seeeee| @) &) B/D) D) a) @/ a) DO) n) al) On) a] ag) al al ni) no} al no} ao) Dn) al oj) non) alo 
Fuller ...............0ee0ee2++| DD] a] a] no] al ol no} nj] al nialnl| aln Q| 0} a a} a} a} |} a] 2) DO} DO} a) a) al 
Gibson leeks venabeces teeeees| @) B) @) B/D) a) 0) DO) DO} DO} a) DO) nn} DO] a} a! al oj o| a} a} OO} a] D a] a} oo) ae 
Giddings) (2-2... teteeeeeeesss| D) 8] &) &) D) a) a) D) D) Nn) al nin) nj) a} a} a} n/n! a! al ol al o| al al no} nl ol al ae 
Gilmore ......... treereeeeseeeeleoleelee}ee/+-/ 8D) D/L} D) al D}/ nD} n) a! gl a] a} n} al al nl al ol..}..|.-| D| aj O).. 
Goodell .... D/ 8) 8) a) D) alo) Do) | a) n/a} a) alo] ol..| al aj | aj o| a] 0} 0} | a) a) ale 
Goodrich .................+...| &| a] a] | a] a] al al aj a] o| al al al n} | on} al alo} nj al a} a} no) | a! al ojo 
Goodsell ...... eeeeeeeeeeeeeeee| D) &) B] &) A] &) 1) 0) a) a] DO) a! al a} ny] n/n} al al al al al a} o}..| | a} a} oO) Ol.- 
Graham) in-s.0s ee eee ++++| D) & @ &) &) D) DO) Dn} a) 0} a} al al a} y} pn} al al nl ol alo} al ol} oj aj al ooo 
Granger ............-++++.+++-| D| | @|../ 0} a) n/n} nj) al no] al al al n| n/n] al al ol nl} al al oi ol ol al al ol alo 
Gray oo... eee cece eeeeeeeeees| D| D} D/ 0) OD} al n) oo] Do} a} n) nn} no} oj al a} al nj nln} of} al a] al a] oo} alain 
Green --| @| 1) D] a] 0} o} a} 8} |} a} a} a} DD] cn} oo} a} alo Oj aj a} D/O) | A) @)..}..|.- 
Haekett .......052.cceceesccees|eelewlenfonfocfastas|eclactes|antocteafe clon | n|» aff o| SX} 2) Xk) th] 00R} ren lite 00 tena 
MEV aD Gs Bay sataraaesctateraseinle ova ererel| AR PR | ae D| a] 4) a| a) a] D) aj 8] a) D} nj} aj alo} oo} Ol a}..| o) oO) a] al ojayn 
Hall, J. H. ...................| a] a] al..| al a] nm} np) al al cn] aj al aln| ..} nn) al al..|..|..|..]..|-cleclecleclecleele> 
Hammond ... Aebabesoalhon ale &| a) a) a) a) &) D) a) a) a] ny] on} on} a} alo} aj] DO} a} Oo} oo aj aj ooo 
bark) (olds ctnaten sts +»| @] @) &) D) a} a] D} a} aj a} DO} a} a} aj D] n/n! a} al ol ol a] al no] ol ol al aloloio 
BS ISHARES CORSeE Cae ra Ge rae Fel clseiery Gala eee t eet ta ce welee|ve|celeclee| sees] oclo=|laal aml sielaaien 

FO YS) oss annctne a tntale ae ee eRe 


cofesfoclaalocfoclestsclecleclechs« K wl.J../ 0! n! a! al al ol ol al ain) ajo 


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NUMBER OF ROLL CALL 


BHladas:aaa A :-A AAA RAM SHA AAA CRA AAR AA AA TBA ARR AAA A SAA tp AAS CESAR AAA 
BS [SS@HAAaaS : 8a ;-FAASHGAS eA eA ee GAAS Teas TAA AAA Tp AA TAA AAA 
EY eae Tete cL ace ope PU i = Dts = Ps Ek ns Pa ee = Ft = I= sts mer = = I Iss oso eer | oe ee eereer CECE eas Gite) 
SAR SARC SHAG SSH S ARH HAH es SHS ARARS SHAR Se pease sess: tpt Fs As ess as 
[SE T= Fie ls ek als Fen ue ee T= DJ JO I = =F er J  o eerl ~ as Perris eI SCE 
c= @CE Seis: HeAaiasaetao Ao Aad AA SA eA So ARR A AOA A a ee A op Rede eed ere eae 
sf Pate ee gc Ins n= ts t= = Pe; = Fe = FCT = Ba IR Je Je = WG inert se es epee CEC SCE CCRC E 
S [AA SAS AAS AAR A: SHA A ae A PA CAA CAAA AAA TA SRA SAAT TSA TAA SAA AA 
Re Suisse Cis Sod Geese, GS CS Ae AO OA A eae Ss | ea ee ees Ae pe es ee ee 
AS |SHsi Cul CaPeteene Gas. a OM. SA A AOA SA Aa SAA A A; ee See A ee ps anes eee Sree es 
Rope A ease SKS OSs PaaS CM, OS Cee CA A A ee Pe ae A A ap Rosia ae see Reece 
QleseaA ses AHA AAA: :S@ As SAAS Te PRA A AAR AAS Te TR AAA AA tA TS TS SA AAA AA 
Q [ASG SHG Aas HSH ASKS AST HSS HHS ARARAHSARAA TA esas esac i pass A PASS Asa 
SB |ABS AA ASSESS SSS BAAS GAG SOS  ACHAHRHASGHSHSAR :A:HSHABHGBREHBAS ' pRBSH TA ;ARBaAsas 
BS] saasa aaa (-Pel (eare Sh ee) AHA AA -HA @ ABSA AAA BSA SA SAAR AR AAR AAS PS pA AA SB AAA AR AAA A 
S,asaes Ae ean  :Aadc Ad AAA AAA AA AA BABA AAA ae TB TAHA KAMARA AS PT RPA AA TSA BARRA AA 
FS a a eS ee ee 
e@)/sansaaeAAA AAA I= feel l(t a > = tar = fet = (ae ASASAAMH WS : :A SAR ABAAR ARB SAHARA SBA BSARAAA AA 
er fe ed OO es ceo tO eS SOND OS aed eg CSS SS) SaAaSGHSS  -SASHBH +: SBH8SHBHSSSSs sass H -ARBARBHBTSSAS 
Se,/AABeAesA ee es A TA BSAA SSCS8HSS  -SHSHAAS -SGBHASA  : HSBABSHGHeassge :aasaA -AssAaaaaa 
Yo | pes A Sudan e So seel MUSA A See SA: pO Ae As a SA Ae OS a Ole le A 7 een eee ie Sa saee See 
a | S@AASAAARA AAA: ASAA AAA AA: SAAR AAA AAA RAR TAA RR AA TAR RA TS AS AAA AA A 
a TT co HA A CBA eR AKC HAS TBA AA TAHA BARB EHSSA 
S| AAAAS AAMAS OA ASGHAR CCAR CARA eM aA A eR eR ee Ce ee Sa 
O|AAAASAHAAGAA ASH A SRA SA TARA RA RAH TAA A TSA RPAH A Ta BA TA ASA AA A 
PL AASAaSAASGAAAA AAA A SRSA AA TARA AA TRA TAA A HABA PA BAA TAA AAAS 
Ol/a@aca  GHhad@aad -GHtSS  THHRHS SHARK HReeRARAA Aaa aasasse -SGAss SHAS AES S 
BlAe :-AGA GAO SGHe :A eS ,- GHAR ROR A A ASA SRA eRe Pe Rae Pe ee eA as 
“0S So 8 soe oe eed A | Fe Ae ae a TAA ee 8 Pe ee eA A ee Ae BS ee es 
Sl aa. a :G@ -GaG@eaetdHaae :- 8 SGA; SHARK CAA AR: Sees Aa ae AeA AAA ee a TAR ASA 
Npa@aean ea :A - eee eA aHAde - SRA: SAR SSAA ES CA e Ss TAA A BAe PAA SBA TA AAAS 
W]aAa: A A OMA AAA AAR AAA PAA A RHA TAA TAA AS TAA Pe TA TR AAA GA 
ei ey eg a ae er eee Pee. Site eects iy wees eee ee eee 
ce a ee bt 
a Oe sa ee ee a 
reat Bo he aly tg Mis Ste RT nea Ce ee Tp en Sey re = [eee Ec ra eat I eee aa, Rance al” dae Ree Wee nie wens ae an el Se Feayiae 
OEE ee eee ees eee eae er, ree ae ee ee 
Seg, faigib bags fished fea seeeset yiaieseedageiiesivalsssais 
SS SESEERRIS SESS SEESSESLESSSERASECRAALZELAERAESESEZELERBESEEBEE 


716 WISCONSIN HISTORICAL COLLECTIONS a 
NUMBER OF ROLL CALL 

Members. 32|33)34|35)36)37|38)39|40/ 411 |42)43/44|45/46 | 47|48|49|50)51|52|53 |5)65|56/57|58|59|60/61/62 — 

BPTY fo siaes sects sale seeeeeeeee-| D] 0] @! & D/ DD! Qa) a) a| | a) al nl al n| aj aj al..|..|..|..|..|--|--| &| @| &| a| al @ 
Atwood .....................-.| D| mn] al mj..|..]..]../..]..]..|..] 0) aln| al al alo nD) D) alnjoiniaojoiola 
Babcock, B. ........ me Ptatedhiot at eal isi Va atl ix a ts |e erat Tell aes oe ovals oilin\e/] no beeeaeret tata Ulett al alpha 
Babcock, J. M. .........00.-+:| &| D| a il letesl lore | eee intel [moa liens ..| a] a] nl} nn} no) al no} nin! alal..| alnin 
IB BITE) lodse ele n\ D/ n/n) n\n) n/a) alnia a} al} al ni n/n) Dn) alnjolnin al nin 
13479 °C) BUN as fee oa a| Dn] a}..} n]../ nj} nj..] .|.. File ete (Oe Fic (ted cies) yess a ER 
Barber, H. / D| a} n/n] a} Do} aj nj alo ..[ a nD} al nD) n}/ n/n} n/n) n}n] aloo 
Barber, J. A. a|/n}/n) nn} nD) n/n) aj al nia D| aj..;/D/ DD) aj aninin ninjaynina 
Beale cient er atata tte eatcne apse aye wits D| a a] n} al a) a} } nn} alo -.-|D)/ D/ n}) nD} 0) ajo} n) ni) no) nl oj alana 
Beli ci aceiacigeuct aacieseeeees aH =f ReRITD 5)\58) SelaelWolign| [eet role al Met 1 s'||a oil areil evel} ate tetas ale ROK ate evel es a 
Bl D) Bp Als cfe ecto tee| ofecleeteefeclae | =e foa| olor l=aifelet lai taret{intel|ateilletal ste) eteifetal| tains 

Nj D} a} 2) 0) 0) a) nn} o}) nn} 0} al nn} aj al a} alo} al ajo} o}..| n) aj aj aj oi oja 

@/ 1/0) 0} 0) 0) a) ny a} al ny} al D) a} oj a) a} a} a} al ol a! a! al al aj al al al.. 
a) D) a) D) Dn) n}..)..}. |..]..}..]..{..]..] ..| a] @| BD) al] oO) n/n) nl) ol} n| al nana 
Ee a) nj../ 0/0) a/ n/n) n) al aj al nn} al al] al aln} oi} ni}n| alnoiol../nio}/njolajno 
Boyd QD} D/ a} n} | a} nn) on} no} aj al al nl al al al}n}o} no} alo) nj aln}nol ni nininialn 
PBL AC ile eete steelers eHae cia eelats n/ 0D) a) a) Q)..)../ @ al M) a aj..|..)n) D)..)-.]..]..)../--]--]-.)../ D) D) a) aD) Dn 
Brown, bs seetienee aaateeee a} D/ a| D/O} nn} 0} a} nn) aj al al nlaln TO BB a 
Browne, ©. E. .. vaeh D| 0| a| a| a| a} D a} | al a) al lal al @) a) a) D/O) On) ano naa Do ann 
Biircharden ss ccneee ne aee D\..| D) N) a] a) D/ 0) a) a) nn) nn) aj al 4)--|.-/D) D) 0) a) anon anoana 
Burnett ieee oa eceuy op aan n/n} ni o}..}..}.. Balad eal ees STU AS Ps a cla Segal eelectiocl,. 
D| D| a] a} 0} Dj a} al n} al nj aj al al a| 4/D)/ n/n) n/D) ain on n 

-| DD} 0} n! a] aj ol..!..] al ni.. salad celeste lesleeleclenlealeciealecieaies 

n| n} al al. ND} 0) n} a] nj aj nj aj a} 4/--| a) a) a) D) a) ayn) ayaa - 
nialninia Salat el eallsall eal alba s a} a| a| aj aj n/n} alo} aj al al al ninja 
n/n} n/n} al al nl n\n) al al nl al nl a} “| | 0) a] a) a) a) al) a) aj al njoj nin 

aln|ala/nin P Shiai oot llesy | AER ARNO) Hatin) a inaleistfor)(as|fsdil. o}inc! sa) 

yj 0} aj nl}... on -.|..{| D) a] nm] OD) a) &) @) a) D).-) a) nn) a)..) on. 
Coxe? hia Nee ten Tae ++] /} D) a} aj a] a} al al..| aj nn} al nj} aja] 4)--|--| @| a) a) a) a) D)..) @) a) al aloo 
Crawford ....... ge ees NLA n| n| a} nj a} a} n} ol} no} al nj al nj al a} @| 2 DO) al a) a) Dy a) a) a) a) a) joa 
Cruson al n|n| ni nol ninjalnialalnial nial Die-|--|--|--|--[eef--]e-[ee[esfee]-=|==fee]e« 
Dennis .. --| D} nD] a} a] n} alo) n} p} al nj} aln| ala} 4/2) a) 0) 0) ainojn n 
Dickinson sallcalselte alae ealectlaclioatashectaatt si Boe ole! of ellerie shane ni aie 
Doty . Dj a| a} a} al alo) o} nj alo} aj nn} aja 4) 2) 0/0) 0) 0) aj a) OD) nn) oO) nD) aon 
Drake D/ ni al. Dialninialpdialal DAN DAH anaonanagda 
Dunning n/n) al aj al ol} nj} nin) al alal..|..}..|--| 2) 2) DO] a) D]..| p/n) n/n} n..}..)../.. 

Edgerton al nia ny i ..| ala] 2/4) 0) 0) n) alo) nono 
Ellis .. Nj 0} a} nD} aj aja . Arlealicielies : selesectec|enleetee selon 
Elmore ... Bleelsalloglléd aolwcliodled ically ataetlsllostoc a) 0) a| a) a) 0) a a) a) ala ajn 
Fitzgerald ni nl aj al alalal..|..]. |../..[../..] a] 9) @| al.-|--]--]..]../.-|] @) a) & na 
French D} D} aj nj aj a} no} n\n) aj al nj nl al a} al}-.| aj a} a} nj aj ajo} a} a} al ay..| nla 
Fuller . 1} 0} a) a) D) 0) a} nj} nj) al alain} ala] a| a) a) 0) D) nn n)n/ nD) al aja a) aj... 
Gibson D| 0D) 0) Nn} a| a) DD) n/n) n\ alo} ni} ala] 4 a a) Do) no) on) anon) nn ano 
Giddings n) D) 0} 0) a} a} no}! alo} al nj} nl} aln| 4) 0) 3) a! a) a) a) a) a) a) a) aj oj oj oa 
Gilmore --|D) D/O) 0) | aj n} a} al oj alo} al} 8 &@) a) DD) D) a)..;n)/ nanan an 
Goodell niniainia nin) ni alnolnini al al @ aD) D/O n/ajnniaynon nian 
Goodrich niala ailealle niala| 2| a) o)n/n}..| a} aj ni nj/nojn a|..| 0 
Goodsell i sfeslec|ectleleales[acleoten [ac |ae|weilec |iscileetiee tele fereilleteiliatslhahel tet itet aie let ta ena 
Graham N| 0} a} a} a| aj a} a} n} al a} al} al al 4) aj a) D/O) Do) alo nna nj aniao 
Granger -| 0) n} al no}. --|.-]- | a] D}..| nm} al a] 4) 0) D) D0) a) Do} a} oo) oon) nooo 
Grays iene serena aes ee ey 2) D) D) 0) a} al D) a) a} nn) al} no} a} no} n} Da) a) a) a) a) a} Da) a} ) /g)../ 0 
Green| eed cee aah a een seleeleeleclee|eefee{eefeefee]--|..|] D| al n| @| @) a) a] a] D/O! al DO) a} a) al ni ono 
Hackett . |} 1) a} a) 0) n/ DO a) a} Dn} a] al no} alo} a} al in) al a} oj..| a] al} aj ala aj nin 
‘Hell G.nBe 2c | nl alni. 0) D| D/O} a} al} alin} a} nj al nj alo} al ajojoinio a/..|D 
Ball, cE aa Sallaay ede 3 D| a} a| aj a} al on] al a} nl} al ala Qj Oj.. 
Hammond 9o.0eeoe ees ache -| &| &) D) @| a) a} DD) |] of} a/ a} a} alo] o}../ 0} al al a} a} a} alo 
Harkin iis aisaeeueee Bear a) aj aj nj al al..|..) a} | a] n| aj al n/n] al} aj aj aj al oi oinla 
Hawes ees marie deh ae n= wolf afeoilinrelt intl at niflaaillelwif ecell stall wai fraie ll asa ea neg [te oe |m ells ee] =: ]lera sill eee 
oH AeA Geile ABA BAC D| D} a} a} | 0) a! a! al | a! a}..|..| 8 | a] a}..| a) alo] 0] a} | al a) al ni nan 


THE CONSTITUTION OF 1846 


NUMBER OF ROLL CALL 


j : | 
ree a eee ce aS PVE eg I ed EA a Rh ea 


| | Ea ei | 
i Le 36) 37) '38 3940) ales uss 46 lis 49/50 51/52 152/53) alle 5 9 600102 

| | Seal ee 

aj ajninin n/n} a)n/n/ n/a) n/n n).. 
a aja fet Pa Yt ea yf Be 

Hels aanannaaaan)..ja 

ele lalaieals a} n} nj nl] a} alalal/n)..j/n nalininia 

ainialalnaa aanaannanaaanaaa 

n' 2) aj aj nj aja! al ajajo a/ajapn}n/n)a)ajain.|.. 
| D) aj ajajajnin jaa) a)a/n)n)a/na aja) aj..jnin 

wl dd Lo fos Ce } tT | | a 

|--/ 3) a] 2 anooonn al al..| | n n) a) n n| ni... 

aanaana. a)ala)ajaln/n) al n/a aj aja mle 

a/R) o nana a) a) n).. n)n}n)a\..|n)a/n) nj njnja 
a) aln}a)ala)r/aja\aln)a al 2| al nj alalalalalnjalalajn alnin 

que aco ee |n)n)aln)nin)a anja alan aa al al al al al al nj al al al al al. -}alnja 

| ni nj a| n} a|a/n/n njajnia ni aja} aj njoj nin ol aS 
nnanininionn sn ala ajn}n| nj alalninia al al n| al al al nfni nin 

n| al al al a al..) a | ala] alalnjalaja i PW 
la lala] alalalnin nj n/n)..|n noonon 

| } ; | } 

in| naala..inia aaa ala alana 

ck lhe aa) a)a}a)aln)alajalaa nian 
Dia ay al 8) a) 2) a) n/a/ n/a al a) a) ala) 

jaln anna aj n)..| aj no} nj n}..}..]..}.-]. 

| a e/a) a] n) a] a) n/a) n/a) a alm 

2 n}..|..). = be eect tcee ee 

Jo-[-- | --}--]--/--]--]..]--]..]..] n] n) n) mn) ni nia 

a )a)a) a ajninn/naannanna ann 

in ala Ay--)--) 8) Di )--) a) nn) nn) al ojala 

‘a alo ainininnnajajninin'anainin 

an | -| ala anjajolalnjaannonn Bs Oe) a 

D)n) a aja_ajal..|. -}aja/ajaja)aajnalajainonn 

n) al njala/a nin n)a/a)ajaniala. ala annnon 

)a aD apn. |../p nj..}..| alajnin...|..|..,a/al..)njal.. 

fase a jf Cn la a/a/n a/n/ajaajn aja ajn)a/nin 

nD) 0) a0) a an aia} ain a/R) Do n)..)..|... n/n) niainin 

ninjn a aan ala a) aj alnjn)..|../a nan n/n/nj/njn 

n) nj n|a/njajn n\a ni nin) njnjn a) a)n/nin/n/n|njala 

ni n..|.-|.. B-.) ae see efit sal .|..|n n}..|..| 4 Pe 

(a aansanaa aj a) a/n) al nin) ain nl a} nl..}..|.).. 

a) apa)..|../a aloo n/a) a) a)a)ajn aja alala alajan 

nOonaaanaa ajni/n)n)n)ajaa n) n/n) nn. Bin 

ini nia a) a) a) a) Dn vito ot ea a bg bal a ajn|..n 

| @) a) nD) an) a ni a) al al al aj al nial al.. 1 ala a)... ajo 

a) B) n| mi a} al nf .-|a|alalalala)al aj al al alalajni.. 

wee] fe-fe-fee[ee[e. ab 4 ie fl a a D} nj aloin 

la}nianianiala aja ajninnia}alnnnonlalnn 

ajaln ala D aj} a/ajalalalal..)ajal..|a/a a)... DD 

-|.-]..]--].-|--|--]--| a] al..[..[..]..]..]../-<]..] af al al al ol ol a 

lalainaaan n) a) a al a) n) a) an a) | a) nnn) a 

nD) D) nD) a) a) aj n)..| a} al n)n) ni nin) al al}nialalalni..jnia 

sole es ee ee ee ee Pele wlee wel eel ee wale ele ele wie ele elie we eels ela 

Pee Nen binws ccc west soc |ae etd [Se Av ebcletelete Alcoboalecbealseleatacleatclestectautec tee lee 
Tweedy seseeeesneeesseeeeeoeee] mmf al nfo} af af n a|/D a/ an) aj al 8} 8) aD) nN) a) a) ajo nln ain nian 
Upham -/n/njajajajnin a nialalalniala a)Dia Danna naonnanna 
Vineyard aj nj nj aj..|..). a BT E21 Bod 3 po pray cl oe CO Pe et De) OS OR OG A (8 
eiee -.. .... nD aniaana na) a/ajn)a/al a)..|..) n/n) nan n/n) njn)n n/a a 
Wakeley steeeceeseeeseeeeeeese] DD) @) D} DD) Di DD a a} ann] ni nlalnialnialalnininininiainin 
White __ ae nin a... ob ld bl Fe ed od 
Whiteside a eA nll alakilt. } sej--/-+| @) &) aD oi bel aii b Gy D} a} aj al a) al nj.. 
ICT) ES RRS EAR neeee mee br fc os oP Fea ie A) Be el vofos)ee)ealoefos)esleslesleelaclesleedeclacl 
LID cape GeaRa eee == ala al--| n\n Da najnaa Pea |..| BR) ni ala ala). nin 


WISCONSIN HISTORICAL COLLECTIONS 


718 


NUMBER OF ROLL CALL 


a|alalainn 


B)..|--|--|--) OD 


a/D| a/ 0) a) ania 


a@/ D| a) D)}.. 


a) a)..;D)/n 


n 
a 


a 
a 
n 


@) a} o 


nD 


n 


a) a| a) ayn 


eleeleelee 


walewlewleelecder 


D/ 0} 0) a| a! @) D| a al DO) al o.. 


welecleclecleelecleelee|selecieel(eciecion 


N| a| a] DD] a| a] a) DD) a) a) aya 


waleefeelecleeleeleelecleeleelaelerleeterter 


+|--| D) DD) a) a)... 


[AS A # Pes 
:Aa : A 14a 
See Ore 3 14 
SSS 3 1A 
"8 8 : 138 
as 6 2aC3 
Aad D re -| 
a3 ; : 38 
Aas 3 Pies | 
as ; A 
Ss s 
As A 
aq q 
cs z 


wcleclecleeleclec[erlenleo|eelesieeieriesiesia 


D| n/n} n| a! al a! al a} a] D) a a) a) ..|).. 


seleelecleeler 


selecleeleslesleelee|-sleclec|eelesieules|acieaiae 


ele leclecleeleelecloe|selenloe|erleciecieelesionios 


weleelecleeleeleeleelewleeleelen|aelen|ealenian 


a) al] n| al} D} 0} 0} a) 0D) | a} o/ 0) 0) OD) a) QD).. 


--| al on] al pn] no] aj al) a) nn) ayn) ada 


ele ele elenleeleelacleeleelacl[eeleeieelecieoiesiaeion 


| 4| D] 0) a} 0) OD} DO} a| | a) @| a] a) DO D.. 


a) D) aj n) al n) 0) n) a) D| aj aj Daya oj aynan 


eleelecleeleefoclecleelec|eclee|er[aejesiesiee|erieriesias 


..| a) D/ al n| al n| a] al} no} oo) a) aj al a) alo) ay oo 


a} D| a} D0] 0] a} D/ 0) 0) a/ ayo) aod ajniajan 


..| @| D) a] n| al n} al al a] a} a| a) oD) aj) apoyo 


al al aj a}..| 0) 0/0] n| alo] al a) | a! al a] Da) a) a) ayo 
a) aj a| @| &| DD) a) D} pn} a} no} nj al no} a/ a] a} ) oD) ajay ola 


a] 0D) a| &| a) D) a) D0) nj) al Do) ) OD) a) DD) a) D)..)}..).-)--)oejee 


&| a) @| &| a) 1) a) 0} n} a| O| a) a) DO) a) a al o.. 


a@| a] a] a| a) D) D) a} Oo) nn) oO} a} al 0) a) a) a) O).. 


| 4| a| a| a} D} a} D} al n} a} a} aj 0) 0) 0) | a) a) a) a) ay 


eclecleclesleclacfoclocfecfee|oclaniccl(eciccloelesianipelenierie=)sejoaies 


al o| a| al nl} al a} al} oD} alo} a! on} a! a/ oj al a! a) Oo) a)..| a) Day 


a| a] D) a] a! a/ @) a} nn) a al nn} a} Oo] a} Oo) | al a) a) DO) a) ala aiaD 


n| n| n/n} al nal al al alo} al of} no} al | a} a} | aj a) a) OD) a) aja 


n| a\ n\n) n\n) 0} a! al al a| a) a} aD] al D0) a) a) | a! a) a) D) a) @) Da) a.. 
n\ al n| n/n) n)..| aj a} a] a] a a] a) n/a} nn) n/n) a) ny) a) a) on) a al aan 


n| al _n| n/n) al n| a} a) | a) a) nO) a) a) a} no} | a] 0) a) a a) a) a) a) a 


n| al al..|n/ n/n] a/ al alo) o| alo} al | alo} ol..|..|..| a) &| DD) a) a) a) a) a 
a| n| a) a} 2} al a] a] DB) | a) 0 a) D) a) p) a] a) on) a) o) OD) a) al) a) a De 


n| alo] nj al nj no} o} aj a) al a) O] a) 0} | a} no) al a) D) a) a) a) a) a) a 


pn} al nn} n| a! al no} al a} al a} al | a} } Oo} a) Oo} 0) a} a) al a/ &) DD) a; ayoDo 


n| a} DO} 0} a} a} DO} DO) OD} aj} D) a) D/O) DO) OO) a} OO) a) a) OO) 0) a) Oo) oO} a) aj nnD 


Dn! aj Dn} n,n) n\n) aj al} O) 0D} aD} aj} a) nl} oO} a) 0) O/0/ a alan anaan 


| a} 0/ 0/0) a| 0) a) a) 0) a) &) 0) DD) A) yn} | OO) a! a} OY | @| A DY) a) a) a) O..)., 


D| a) D0) 0/0) 0) 0) a| DO) 0} a) D) a) DD) a) n) a} | a} a} | a) a} a) a) aj aaj nian 


D/ a) 0} 0/0) nD) a a & a a) DD) al n/a) nl aj) O)..]..}.-]-.]e Je e| elon] ee 


| a| D/O} aj OD) | a} &| aj a) | OD) a) nl a} 0) | a} DO) a} a} a) oD) aj ay Dayo 


n| a| D/ n/ n| a| OD} a} a} aj a) nj a) DO) a} n} a| no) DO) On) a} a) aj a) OD) al) ayn 


n| a| al n| 0} a} Dn) al al al al a} Do} a} Do] oo} al} 0} al no} 0) OO} aj a) DO) a) a) ajo 


al ul ni nin} al nl} al aj al al al al n| n} n} al n/n} a} a/ al al a) 0D) a) a) aj 


..| 2} a/ | aj al | oj aj a} a} oO} Do} alo} alo} n) on) a} al DO) a) a) @) DO) aj aj ay Da 


.../ 2D} al D] oD} a} | aj a} 0] D) D/ 0) D/ D0) 0} | a| a} CD} a} 0D) a} OO) a} ay) D.. 


| 
| A : 
5 | —— 
3 | aS. 
B | Sane 
8 | 3 3 3 
5 | : B =] cs qa 
s | 3 3 3 3 Cy 
B | 3 aaaad 
é | e A AAAS A : 
8 | A 3 Haga s : 
s | A a --| 5 
| 8 =] 3 aq =) : 
gs | a 5 é A a q 3 : S 
2 | 3 5 : : : cs s See os A 
ge | A : : : . a A te esas isles (ame 
reed : S : : : A : A : i A a Sears Size ws 
ee : a A e E E a A ; Z : 3 cS) asa as | 
| Ci Cs aa A : . : : : A : oJ a ae EASe Ss aa A Baa 
el a: A Sis Es : : : : : Z g : ‘ A s Aa Ae A Ss % : a 
2 | so: 3 Cae a8 qi B 3 SO : 3 a 3 3 qa Se :a sa a3 C) : 3 
a | Bi c* 3 Cia Ss 8 ¢ 3 Dees] a Aq 4 3 cy 3 A :AaASaA a 3 3 sO 
(=| ar la s Ss oe a : a 3s reo G Aq 3 Ss 3 Ss Ss :ASS a 8 3 sw 
e | ey ae 3 Bs Ss 8 3 < < 3 OPES {| : s p 3 s =| os : aad as 3 Lae? 
B | a ieee : 1a aa AA fA : q Ree, : A : : s a Wiei= =A — cA aa a ce 
Eel Ce ae 3 1 3 As saa 8 - s z) eee =| a 2 q q 3 ea :AS : 8a 8 aA s : 8 
5 | cee ee 5 : A oa: ASA Ss : 3 j ans $ : q (=| q a:8Sa:AAa aA SA :A 
s | eae — Nae : :A aa saaa ae : ea, | : : a q qa ASA A SAAS AAA A : A 
B | : 1a a : A aad :aaa ee ; Sa : § q - x aq AaSAA SAAS AAA A ee 
zs | ar eS eo : :@ as aa aa 2 Bix = : pee = | c : 3 G a . Saag: 8a8 8 Soa 8 8 1: 8 
6 | [A 7A :A BAA AAA AA Saye(sbee : mcs : “ A [Aa 8 AAAS AA AAA AA A A 
ea fee Se See at : ae Seat ees a ae er ieee ci ee ee 
Big sated ost Nee ier ae Semin ates ise cae Si ee 
3 Seder ee a ieee ee) a anes pee : ae io: Pier : smears BSS Sasaeee pi sain? <i 
Blam ee ieee ee ee : Se ee pete ete! eae ee Fae ae 
cy aR Res ESET eee ee pes ae ECan tg ea a a eg ae . 4 6 Se ee 
lel pstn tO eto, eat oe oes Se eee ee rere oes tor ee tif a eageear ea 
peer rer Cigna’ . ees Oo . 
Pa eo yee ce eng ginee Hoe Bey Seat we efa, oSeged at HON ea, 
° o Y a ‘a om rt = pry OHM @ 3) = 
pozeggees ApreepelbsedeE esis seeek stand saad sad ssiesseaeicdd GG 2G 
Bee eS SABER RAAERRABASESROOOESOCOSSCEAARA AR MAREK SESSSSSCCOMHA HM EE 


(Ape Tee Fate gc > FPP a =f =e a =a ee le; er er = cleo pil cle tebe tel Ev eet os OM At s eee A Rs 

® | A :;xseAAAsAe SAeAAM SAA AA CTU = [eC T= [et = [le ae a - l= sl = = l= at Seek eG oe icicle nSic iste so [= OS — ara et — bea — ST 

(ep) ee Oe aaass COSsr See eek ne a SkS ees ESOT [RECT [e-em 10 FC. eee — ees - ee est ie Jeicat eI. - PCS etre gh ee 
tea aia aeRO ES: Ger atarn ced Ane MOR Conse A SOS AA ee eee Ce ~ ay ~ Feet a es = een ae ~ Oe lee 
pe eter Nan Roane see Se ae Ue A A Se ar Tag SO ee ae eee CCRC Far. Peamoeay ea. lean teed ft 

CT ff re Tee eal Pe i= feo Jes J snc = Ts ere hese “ABA RBABABHBH YE BA PP ONS — el ong le ae 

pe eee racer res OA St Te A Ae eo eee ee eee eae ~ al — Pes ee oh ~ lene tal = Fal | 9 

Peace cecee as CMa Ors Ore Sat et Oe 5 Ot Oe Se aS ee ee eee Se OR AOD se Sie eee eee 

sgh CT pete Be Pc J m= B= J J el SE IS re 2 ep 2 lt a ee ei eee 

ca ae are od ese see A ae 6 a, Se eae A 2 eee es ea eee Fea — Fl Sine sees Pel = fo = PS 

Pa ems Oweee CUS ne ae 8 eae ee eae Oe Ae a A ee ae ee eee FOR ae fest fae eeecny — fees sy = bs St 

See CEL Be - c -  s J= e  ereeere a  S  - 

Ne) ba |e ete PS TU iT d= n= eg a - - a -ee Ca =P ~ be = Wet = Fel = al = = cs On eer = eet liege CFT 
= a WD ee (= eee OFT FRI Geel = el -= el = eee eel rete ler eC tee- 
— =| ee See Cese Ck cee see Ss Soa se SS ace eee ee Oe CPi Can oe ASO MOMS OS OMA we a MSc ae ieee aS eas 
Ly a Pla AA ASA AAAAA AA LT aA ~~ De ~~ | 3 pails) = Paice ee 7H ~ Gs) Ul ek ot = tell Qt = Bs = [eh — fa fais = eS == feo 
O ro) FS ff CTC TRI Is J =P rae Py jay earn peer ean Peete -bat ee Ieee eee eT ngerme ee Sle 
(Tlf eae leds atk oC TE ET (TCS = FS So :-aa 8 Car = Ie = ana = ei eee = = = es Ded t= Ce =e eels gm ge Fe gelaio ae 

Pa 4 Wp SAA sc AAA eA As TAA Sas AT AA AAA Oey =)e- |e eae nlc Cee) Gie = SicmCIie seats GGl aa oe 
(2 e=} Mpieeeceeae ane ig ae OS ee ag Re ee eee 
= [ae Paps oe eae ee Oe ee OA De ee A ee ane ee ee 8 SS ee ee 
= fy jE poe ar = ee Bie SE ore 
fe fo) Palas Ase eat en ee Oe eee A ee ee ee ee ee ee eee 
— YT Ele et TS eC SOS TS) 6S a Ba IS Ie ae Pe ee 
fe re pata herd ear pet ot oe, SS OA A eA Re AR, ee ee eee 
2 jaa eeresiera eee swe A a eA, A eA es fe ee oe ee eee 
a Beeted anetse ease ee Oa ee On A: SeeA A A ee ae en a ee Ue l- mace el (N= buses eee) 
9 A FT si Tee UTS bss Pl = J =r ee eet eal cles ec tallest on (ae - el - eC | 
pelieare-secere a ent = A Are 8 8 eee ee AS Ale Ale Ae ee eee Cie ~ [patient = [ail = se et Jota (=| 

jaa = |e Be es I eg a ee a ee Sa: a 8 Rieeses 
2 pie ee ae Oa nyrers peasene Ome: ASA sees Monee 1 8 bon ee eR. Snes Sse eS ee AA :AA (aes 
f peel ere ties ee ei eee ee eer ee mes rie lvl nis Sis 

4 Sr TBO e ae ay Siete gr ep te ay sae een 6 oat te eam 

g a ete eae ie i Oe ee eee eg oe ee es oi tet ict t + i 
0 eee ae ee POS pg at ae eee Sar ee mee RE oe ee Os de oP ac a Te eee ROR 

Poago% eg ip ie amie eee ee i ns aie eg ae OS Ba 

aia SAE PEE EOE CEE EEE EEE EEL EEE EE LLLELEEEL 

ASdeeeded S2aceasaas SaseScess Asha S Gas Gabbe sssaseeaeseree eee 


WISCONSIN HISTORICAL COLLECTIONS 


720 


NUMBER OF ROLL CALL 


a 

§ laa iq eaaeaeaaaad if as ies ig ie i ise ws tee easAAAsaag i fAsga:d@aaad: aedagad:a 
Rl sa iaesasaAeae iaae ita in ia i ia@a a ii aaesAAAaaeas HAAR MG AHPGaeiaaadangia 
Rl aaiaeeae ieaeaaisasiag is ie iieadgs iag iae ix aAe a i ia@Aae ia ahaa AAA aAAA a 
Rl aa: i:asaadasae igasiaw ie ig i:,sae¢iaadaiaanadadda if@Agad: i: fae: s@HAAAeia 
Bless: iesaa@eadane inaeeiaag ia iaq iia i:A iat aaa Aenea heA se TAaaas ia CR tee AH AA AA: 
Sls iis eaae@aanhae iptaasaa ig is i iaea S@AstAAtsaaeae iHaaaiangHhia:ia:eAAA:a 
H|*s* :d AsAw@aawaaiaaahaM ie isi iAAA PA BARA AAA HAA DPA THA Sata ta aaa 
B|s* :8 FAAae eH Aeae iAAtAdeA ia ia i AAA TE SABSAEAAAAARA TASHA TAA AR ia aaa 
H| it it@e¢@eadasdad iaeeae eid ie Pia eA TAA PAA AB AR AaA A TAHA a aR iat! iA AAA 
B[_ es iaaeiadaaaaaiaaacaeaa ia is i iaaethAAsaaadtHsHht inate aaa: fiaiaaaaia 
Hlss isa ie iaqaaaae i inated ie iq i iaad tas saa aH AAA ina ha baa a ti aie tah aw ta 
Ales iaAxasasseAdA ined e as ie is iiss se ieee As Aaa eha iaaeasiadgAia:::Af@AAA iA 
al is iegaqaiasasaqaaaiaaaas if ia ia i iaaa” : SSsadSeAee@aaag iss AA i AA i iat i tiiaagaaia 
Blasiiaeesanqaan in isa ie iA AR PAAR HHH BAA AAAA TAA A AAA a te Ae Aw A 
Slaeastiasaddiae i: igqias : fp igang iia A SAASHeA BAe se dds ia idqaigqaaigqiaiqgnaan : : 
ee ee ee el 

— 1 ee - - ‘aaa Ei a ic a i a = = 
Slasiias@iaeaeaiissasiaqindas !:iaAsisaeasane ak iaad is (AA SAA a Mia a aw tA 
les iiaaisaaag > iaaiaiqiana : iaaatgddadaaacad id ig: iiag:daeaeia:a:aadaqi:a 
Slaaq:.anaAaawaa pAae tata ia Pia aA tHABAAAEHRAR Sa SA ta Rh tawa A igiaeia@AhAaA ia 
Zyseiiassasaaaag . PSS A -HGAGs -FRFHtsHtAs ise ssethHs -Gaaeiagada-qaqara. aHagW.a 
Sleaiiaseitiasa!iaeaa ia ianes i faa Aa aas ahah HeA PP HAA SRA TAA iA ew 
Sl[ssiiaiag teaeiiaa@aae iii iiaiag is igadiaaaas tase iawn O68). a a SF Se OO eeoce 
A Pc 
Slee i isiaqaiaaa i iias a iii iia tag iad eae aaa at ina Pike AA TAR CHA AAS A 
Slats :A :AAA AAA PTA AA tt iA TA ae TA AAA A TAA PAA: CAAA AAA SAA 
Bypass TA sas A eee PSA TS PP PPS TA FA MARA Pea ee CA KKK Ce 
CS TC eI = ee als ea JC Flea Sepa aC St, Pere JN a (Se Faia Fat Tea BS = EJS fie OG 
aA : fs bere ~ fed = ea (fs — fd — e-em) er cae = [J — (ea Jere 5 1A SRB S TRS SAAS SARA A SERA RBB BHA RA ARS ae : AR AAAe : a 8 
ET eS i = =~ = erp r= = FJ = P= Vin = WCF Fee = =O = a= t= a ~ = = a= = Tae, = | = [a -= = [eaeRNT—aLI| 
al (== ee =P alr=| ada Ce fj-bi(fe[- one OA thn (iat! asl © tl d=lefeh oD shi Adee co eden = Sug baf-Wi=b shiek eo tia - 
Fie | aes eae een fee het ce eager eee ate eee ty : oes : — see = Str ee 
ge\ bao. Sie 3 UE SHR este ene | ere US ie ot aN ae eae tama : Feet Bea Cia Dea teen 
pie age aa GR Se a epee Cee ae ee 
‘eee eee pgs eg Cie 8 eg ne SE ope ep Wen han ee ee 
“Sys BO Sais iaaiat See Osada east eg mete eee ih 8 emo an sy by aopkhaeoko +: £ | : 

<4 fo) o ‘ aay qa OO ye o Gal ay c= | o A=! oR wo os to 2 = a 
pee se eeee HbeseeeeE Sheets aete ese bea a BESSSSSS SER pees 2 ees 
woes staat GDS Gg SCOHHHDBD SD DB Bo ee oo ADs ae f= tO he we © 8 ws Ba 8 
SHA HAAANMAKARARARAARHAHARAROOBOOOOESEEAA ERE GCOSOCSCSGOGOCHMUMH HH 


Hl isaasagaaiaanacaae i taataaaanes : ; Aaa iat aaetaa ssa iaas i inate anaaae” 
Bl isadaaae io sonatas i iw atAsadaga : AAA Ta AA Mh AA Aaa iad S ied Mee wa AAA 
Hl isanaasiaaegeand :@eaaeanaa SA: es A eA iaag i iaaoAaas gaa a 
Hla isena ad ianddAaae iaaanadaanadg : : AA iad ai tiean i ida A aa ot A a 
rm = 5 <= a © Se SSR ae oe . — 
N Rl i:ssenagiagaasaea io Aen aad ag AS iA AAA iaAa i ina dgas aaa a 
= Sl isssaqdia idadgas id#Ataaaaae aad Aa iaa@aaiaaga : phere SE eae! 
Blaehtaadan iad :saahaaadaa:: i« Seedaadaadinngna 3 3 A aR 
Glaseaddacipwse@eaaadhadadaa : SAaea HAA swag A i iaeaaaa 
Blaaendas tifa eta s daawanad ia SAA AAaad Hagddaaiaagg a itiaaada 
cc A igqagdigdqaidas: tanga @i:tdaaaae 
Hlaaaaa eae la aeadgdaasaadanads ia Sao Diada laaaagaaa a : la@aa:iag : : tas a @ 
2 Bl ida@aas adi iaat@ansadaeaeaa ae ia Lidd@adaada@adaag::aga Aa iid@aaaa 
a) “Bl sdeendadisdaaaae c@aAaAa saa SAagS0eSG HAHA AAA ® Ada aa :iadada 
=~ oss] ee Se eel eoeerabed ee ae ae cts A Pe 
io : qHl[ateigqaaeiisgandas ie aeaaedia : SS: ia iga ead iaash i iaaa oe i ta ao ww 
So 6 S| ikadeaaifaa@ dad: ia ade aia: Pa er = er aac iae@ad 
> 42 | daaeg dd idea ashee iA aaah ia ta i@ TAA BAe eae ia aah iaga Aad laa aa a 
ie (e} Beieten oes See eR BPA AAR ft eR Pil i aa i As 
rg Slaisiaa@iigqad@amit:anaa: a :S8 Stas is SHA TARA aA ian ‘Aa tt aaaa } 
ro) Slsiaeiaaa:i:f#ataa:idaadias::: ve ig ia@iag@aga i iaa :aeaiiaag da : 
= BR S| A SPAR At teehee tia AA fam. ia iA ted aAwsAee iad Siting i taqaaa : 
(Fp) a [si aiadgaaipgaagadcsiiqaaaia:. i a a: feisaaiasae@ipna’ :i:aa Sa a gy: 
6 Slaiaisedasigqnadawiingga@aiaa i iiia a: :@ ida ti iad asia a ti tga : saa a : 
O - SlaidsestHatasatdeiaandgat: ie :aa: a :S :S Aa eases i tag i st iag ota : 
(aa Sl(4iAsaeh AA k eta ida R a ta CR tM aAt tt ta: PA PAAR AA AR tA tt iat tae Sam: 
ao CC oe eee ee e-- iA SAAR AAA AA SA ttt a fe et 
S a == == | fe — C= Te a= l= t= P= a = J = = TTT ier eo 
@ |S ;eac Ge -aeaeaaeem: Vi oe Pes so Ae a et a ae ene Seas: ace aay) a :a0a - 
& |S ;S eee aati Aaaaa : = ae ee = [FO Fea a FTF = [I] oe eg ea Pee 
i: SES. kee ee a a a = = a es — De J = i. = = ey aR [-| a sa ae. 
Bl APSARA AAA aaaAaAR : = a a ees = Dnt = Int = = a= T= I= a == ar eC Plime oa fle as 
# /A SS AAA ARMA ee aoa: CEP = a IR Fe — lene a= cE AN — C= [= UT == MCL TiO ge o .a8 : 
§ a a sca eee eae Satigel Pett oats eo Praheacitinkas cba © 
(enn le 9 = RC i ne BRS ove tae Teor o Bailly, as Peete fo mer vane ~ 
ee Bt Flac Rabe ee abt : ee PAESEE: fey etree 
| i ace ee eas teat, ie, “ . Ca feet =| Ri shims Ce Ae ea . p 
| ; 2148 nO * : a 99 y . | < . : a on 
ore =i a y a =i a 2 Bas - bo bo 
* = o ao a8Eu x Fi 


WISCONSIN HISTORICAL COLLECTIONS 


722 


NUMBER OF ROLL CALL 


Da “wie Wi a a ie A aAaaa Tea: aa a Diea: 
Ps taaeniesdedneccnss [onde nad (eden eet 
Pie iadaed tewgeednenee (ekan id ie ieee tte ete fee ST 
TRcBER CeCe Cece ec REE eee 
S| Taaeesi etd ances iaddd jaace te | ive re ea eR ee 
See eee dad dae enaeend janes ie ip ieaa ewe Td Geode de eee 
| ee ee eee 
| SDL eee eee 
Baten (ecaapedandead :cawa te pi iate ee aati iasaceaen ie ees 
__ Ace oe a eee ee ee: 
ere adiwa 6 Wawa eater ance ts | ied enw eis Pas esse eens eS 
ig teddcddeneeadee wa [ucine iow; edaedeew jaid ieesases ees 
Gira rab edad ddvaddeewa ieaaaive | iedeee dee Ta is ieee see So 
js cee Kees ee ee ee ee 
Me eek ee ek ee ete oe ets eee See 
Bla i AAA AAP ARA Aaa AAA PAE AA TH @A HHP AAA Te RRR fe ee a | ROR e 
Oe eae ace Se ee a ee BHHASHHAA : eS AteeHtAKn tA AeeAteAs SA AA 
Gide ied ede dea Be ee fe S@AAeAe@Heae :AsAeaAaR iA AAS SAAe TA AA 
Pees Se ee Ree ee ioc e RAR fa ee A ee ee 
Peryaue hist od Le dain mena ae ey pa sae eed Pies ee 
Up ge ee CERT eee ese eee Eee 
ee jee eee tee ee ee) eee cee eee eee eee 
Jeo Se LEREP eT ECELE ea eine eee Ere eee 
Sc Tec ewaes He wan em ieee pee (RSL Liede eed ie hee ses 
(peo EREEEUE UPR Ee Rete ee ee tet beste eee eee 
cr eee Eee eee ee eee REE Ieee eee 
en eee eeEEs Cee EP ee? beeen Se eke eee ee eee 
[| eeiens Hee eee ee eee SBHSGAASHAAtaAiaAise@AsaaaiaaAaa sa : 
Se Cand eee ee ee ee ee eee aaiqadgaaae : 
Rjaaiadeaacdaaam jaa: iaeiais EFeroprc cere el eee eee S| 

at ee eRe Supe ke oes Geer See Roe ees eee eee e i 
ee ga ee ee ey ee eee = 
(eet ee er eee Laer cee rere pre 

Bah ams rm -SERD Ferd a sere Se ae Ea 
Bbs224 BSSERERSSSEREERaSTCECCE SOECARRAAERER AROS SSES SCOCHAA HAH 


C) 
Cc] 
A 
3 


. 
. 
. 
. 
. 


a|/n|al|n/; Dn] D2} Dn] a}; Dp) OD)... 


Hays 


723 


THE CONSTITUTION OF 1846 


NUMBER OF ROLL CALL 


Bl iaqaaxaaiagd i@iaeta if Aneta eee AAA SHAS SAR iA es LA Aa Aa SA -aaeHAAesAAaaan 
Bl iqi:aiii:@ai:aiai:iaqAa :xAA AAA TRA AAA AAA AA PA TAR AA TA TA AAA TA AAA TA AR AP AS 
Bl iaaeaaeae iq i:AAxAs isndtea eases Aaasse > ies isAA (AA ABAAs CA GAB AMARA BAA 
Rl iaesadeaqmisiasas if fash es eA SA sAsA i LAA TS AS TBA ABS Ts TA ARAB RAE AR AEA SS 
Bil iisA:aAsiait:ade@ieasaan (AAA AA AASA SSAA TA as Ta TSE AEA Se SHA AA ABR ee a 
B |: 8 AS HAA AS TAG is tHe AeA AA PAPA BAMA AM te te te SAAS A TASBARA See ia ase i aw 
Ql isAgqAAAsAd thew iA TAAS AR AA TR SA ARAA se tA tA tw fA AA Sid ida tds tag AA saa 
Sj iasasAndAAs ina isis AdseAd iA TAs ss PBA A Dik te is tas TAA AA TA TAA Tee Pa Ta 
Bl isiss .e@ideiaeiaidaangaa :s (ean adaeaee i ia ia is i@A tae ed te fas ies ass i as 
Z| :sS@AAAeAAA fA A TA TAA SM TR TAA AAAS PP EA ts Pe is TAA A Fa TAA eA PAA A 
S| isasaaeneAaeaA isAas iAaa ate asAsae sega > ie ia id iA TAA ASA ia RAs LHASA BABA 
Z| :aeaeeandadga ia Sa@idagasasteasAasaaesaaeg > ti s@isgis i: A :AAABH icHAS i HABARBBAaBA 
% | iaaa ifa@aaa iaaacas ieaaas ae sss ieas : 3 SB :G@:daaasagigiaaigit:iase :aas 
Qj] issasiaqiasee :aagAae ieaaeaadsaass sa igaae : =| ta tagadasaeg ey isa :d@dtiasAaadsaaa g 
“| iaaeaiaaeAaea PAA es TARA A AAA AAs ABA A TAs TS LA TAA BAA AMT EA Tae TAA AAA AA 
Sl isasisAntae tHAe FS ieAwaaesssHee gs LHASA! A :a ‘AAS RAABS PS tAstAeMmAss ing 
Gl ia AAASA TAA TA ARK TR AAA TAA BAA TARAS = i = = i -  =| 
Bien e kaa Re AA CA RRR A eae eR As ay es Ss Ree 
Rl] isdsase ifaAa ie@A iA ie AAA AAAs saw AREA AAA AA TA TAB AR AAA AAA TA TA TTA RAR AAA 
8 | ica AA aR iAs iaaa A tA AeA eA A Aaa PPA tre@ABAtiaM es ite tt. tht tin Aaaew : 
Ql iqaes#AAA isa tA tA Se PSC AA AAAS AS TAA AAS Se = ee = = = cc 2 
Sil PAs tae t@ aes ih i t# ek TAR AA AAR AAS TA TARA Et TPS A Pe MA PAA pee Ps SA eA 
Ql iiee@aeannd AAA SARA EAHA HAA AeA EAA! TAA AS PAA Se TTA TA TRAP AAA AA 
Rl i@eaad@eA Adee iA ies PA RAR AA KAA AA BAA SAA TAD tT Pe Ae PAA TA TS PTAA A 
S| iiaaseaiaAsinseee i ia ateae tAaaaa as ASSSAA: FS AGH BHAAASA SL teaaes toes i AnasAaasa 
Rl isa iagaA tA is Ash iS AAA RSARBSBAB AER AAAS SHAS AAAAAAS PARAS? TS SAH BSAA AAS 
Rj isesenqaaeas ihe As PABA BEHAARHABARAABAS AA LAS SAaseweease -s GH > :HA As easa 
R|isaqgqaaaaeceiaaada iaagad Ssaqiiagdaes:ittidiseseaeagasaaoseaeg iseaseao i :naactedaaac 
Rl itaeaase ia isgadas ie aaa neaaca ASG SSIAAS PS HAS Hate Asses ices? 'HetGHAssagqad a 
S| i:aqqeagqgaiaaeanaeas ia@aaetaaasa SBSGAA TP SSHStaResAsSassAss Heit satcH i aaage 
Q| isasaaancd ianaaeas i iseeaasaae @gaaaiAdAss }RaAAsAeaaadtaes : SSH ti tAtgaacaaaca 
POT SS CS Sa Oe OR nectar ec ces ea a ae en Oe pece eee Bin hen Set tee Re pee eae ee 2 Rompe ae : 
Bese © ease se ame age, . Sis BLS wiergEqiet oh oat Cait we Dest apo 5 Ct . . caeea 
FI I ae fae ‘ge'uisg ged Se ee ne ee ee eae see ee ee ee 
E BEE ECE EE CER E CEEEEEEEP ETE EEE ELE ELE EEE 
| SSERSHEESES ER EGE SEES HSER EES EREET SES ESR RESESESSEER AEE SEEEE 


WISCONSIN HISTORICAL COLLECTIONS 


724 


NUMBER OF ROLL CALL 


s= 


i 
Bt 


aaa ea 


eras la a@d iadaaa: Tadd idaeia: Se ees rr 
@ lia: taeda td ad iA AR ie eA BH AR PRA TA PAR HME Pe Re ee Pee A 
Bea es BOF ee ee Re a eon eee Bee Me Be Ree eee te ee en ee eee eee 3 
Bilis i::dag@Aa id iA tA A Seek tA iA A TAA TR PRA A TPP PETA AAA AAR AA eA a 
cc a 3 
Ql isidse@s :dAtaeaeasatasdas ie aeaseiteteatcdiaasdsae > aa iA AAs AeSATAs SHAS Cy 
I a a a tec I a lc a ec A a i a 
Bl itisaas :A de ARAB ABH AA TAMARA AA TA TAA MAA Ae tT Te TA TA AAA PA A : 
S| :8 ::sAR tA AAA TAHA RA TA PTAA AAR Te RMA AAA AAT TAR TA PAA AAA PAA : 
a ee Saddi:eadad ia Saas aa ii:igii:daegs >seqdHAsasr Ai ad a 
| :s- >A se la ead : Sag@a:csiigas iq :ecAas : HH aeaeAea ‘Si ieAaAa AA eas agsiaiagd q 
R] is ida TS RBARB AASB BAAR HPS SHARK ARAR ABRAM ASA a a A beat ia aeAdae@aAasag trae e a ei: : 
Rl iqi:iead :daeaesaedtdea te ise Aasee see AAae eae ae tae iam@Ad ate taaateaete aaa is 
El i:iaitieuda :adqaas AA Se Aisi AsAs RAHA ti Atehae ga a = 2 = = =| 
Sy :4 ;;Ass :Aeaeaesaeaaess ie iA eae ahd aes Aas Aase i tae LER AM Lease Aasa saa 
Sli is tas a inagaadcaasae ts PA tease asHiAgcA i Aanxaedgaws Pigwe :seHASASASHS CH eBaaeaa : 
S| is ia dae ia SHAA AAA AAA 'aaag Saacand aq AAaa i ieitiiasad@asAsaA ia tae a is 
Sli iitaaA 'daA AAPA A AA CRA RA TAR TCAA AKA A HAMA Fie a PTAA AAA AAs TA AA i 
& | Piidg@ds - eae eee tA PAAR PTA tA ew sAAAsSHA AAS :@a++aada Aseq is :a@aa: : 
Bl is iiatiaiaaaaad is iaaa ia aa :adqaaad Seana Tee See a Sag ia i:aa ai: 
| :aiaqa SBS :AAR AAA TS TARA THAR A EBB AHA RAR AA BSAA A ie el feet =e = beet = =| Haaqdiq:eaaqa:: 
Bl idigadas i:cda iaedaaneaed ieee h iigg@iadAs isa ana Sa = ea = = = = 2 = 
BS | isisasasqiasaeanasaae ia iad SiS GAGE AHARHAS TA IAA SiS aHe Aaah iA tae A A 
Bl ididaasiinaease@he ade iA iA TAA TAB AAA CHAAR AA PA tes PAR AA eA AA tw Taw 
Si is i:asasiiaseseadaadc in it iaeaiaii:iia Aacaha iad : AA ited iaag Si: i: ae@aae: aA 
Bilis issaaiaiqiAa ieee e A tA AeA te ies iaaA i iea st i iad i isaeaaaa Aig iaadi:ia 
8 ‘Ata ease tAAs PS TA PARE BAM PBA BA EHS EA TAKA AH AA BAY : ee: ee ita isa ais 
Bl ia isaagm iaga : AT AAA BSA HEBABA EB ta A aaeAaA sa: b28 : tA Ades a Ata tga ae: : 
8 q “aaa aA AAA RBABAAASAA PTB HBA PSESABS HAAR AA BAAA TAR SP PCR AAA BA | AAA : 
se a laa oy Ce pas eer Me Geena arp ie SO = (en ere ae eet Oe en at ‘ : cj eel ao Sc 
Reg ke a ae 2 ben eee ee a 
a) peRSEGEEG AESEE EELS RPE EEE YEE SpE eae Sab ase Geicesiscireiaa: 
f2RRGRA RRA RARARRRRARARROCCCCSCECSCSARAAARARE RE OSSSSCSSSSHA HH 


Ne} 


46 
18 

F 

O 

N 

) 

TITUTI 
ST 

N 

oe) 

E 

H 

ih 


Ty 
Li 
CA 
by 
gi: 
f°) 

ER 

B 

M 

U 

N 


a 
=e 
—"* 
a 
= EEE 
: = : : 
pene 
riers —— 
s ° . . 
mee HE EEE 
ore WHET 
; : 3 : 3 
a —* ae 
= 3 0 3 S 3s 3 i=] 
3 == q a 3 q Cy 3 
a — 3 3 3 3 3 : [=| 
Led q — qa cs) | 3 : Cy 
0 3 oo a qa 3 3s GC) q q 
— qd ae ——* — 
Ss . 3 er q . . 
o —— aac A ss ae 
es s : . s 
eS 3 eae 
. 3 a 3 — q q 3 : q : 3 
—— 3 3 —— = (=| (=| —* 3 q 
is - s q [=| 3 =e a i= a : Cs} q qa 
: cas 3 C) 3 q ae q a —— a 3 
a= : 3 a q q a = = 2 s s ie 
= — 3 cI 3 WE 3 3 A 3 3 
3 = : C) q 3 3 ms a. — 3 3 a q 
3 aon 3 (=| CI =| == E (=| [=| CI q 
a 3 ae a q q q — A 3 8 —* =| a 
ceo —— q Ss 3 . qa Cos} 3 5 
EES Sears 
= ee = 
‘ 5 5 ot Dio ao — — 
2 > a= : Se q q 3 oe 8 : a 
CEE _ —S — 8 q A s —— ce eee 
a : : a A serie —— a s cS a 0) ' 3 5 a : 3 
8 oat 3 3 sie q A A q = —— st r=) 3 
: : a —— “= 3 3 3 — D : 
a = a — F Sse are 
: q 3 : : q Fos] Gs} = sa ae C:} - q 3 . 5 3 — = 
— a oars 3 q fe ae! A : : A : a 3 — A q 
. . : qa 3 a aes 3 3 3 3 <—s = 
ee q A oo = A s See eee 
‘4 q : 3 3 ; : 3 qd eae q 3 3 —= 9 3 Sd q q qa 
— | : CS 3 ; =e oe : : s : — a A a 
[=| : A — c 8 ae ae . : q re) — q 3 q cs 
3 — A : — s q A 3 an 6 a 3 8 3 ‘ : =| : A a qd rs s 
: . F - i ae = 
— 3 os 4 
a a =o A — qt EEE e 3 eS =. a & oes A A a 3 qd a 
: A 3 = | : 3 3 : A q 3 a= 5 a : A 3 == 3 Cc) A : a : 3 
— se a = 3 ECE e a : : et : oe 
q : = - q : A | : Sg 3 q aa _ 
Base ae a 3 q —— 3 : — —* 
2 q —— os q : 3 — | qd = q q ee ae ae see 
2 | | : 3 x —— A : | A : a 3 Bec : : : | A 3 c aa | : —— 
2 — ZEEE see 3 aan a = — q a ae Tees 
jena 3 a HELE = aut foe ae és 
q sf s s oe q & 3 | : i 5 8 . nt —— 5 : Sh 
CEC A q : q = 3 q nae os ni =e are 2 
| : : 3 seas 3 : a 3 : a a 4 : : q : : q = : q ie i 
ets — ae — 3 | —* = A a ae EEE 3 a = $ 2 ie 
: 3 = 3 : a a : aes ; ; sae wee g 22 
Hee cs} q 3 cee x a a eee ie Hee 2 
ei ; : : : <= = : : ee: bs! 
ae eee sane — ne ae Bes 
A : nae = 3 : : —— : : : eee Lan] 
ah CEE 2 : = a anes _ : ‘ey 
: 3 es 3 3 ° i g : : 2 ae 
eae — a ae rea sets = 2 
A : a 3 — = : 7 : = : a : CS | 
5 q a 3 qa 4 SEES meee oa aoe Es 
eee : os a — 3 : | q : ; 8 q q ne : Cy 3 3 : = 
ieee : cae 2 ae a —— eee Z¢% 
cE — A a fee ae 
= 8 3 : q x a= ci : 3 qa : : aq [=| 3 a : : i — 
2] —— a coe = 3 A a 8 3 ae 5 
a ss 3 3 2 q os A si Cy q 3 Bc : 
a ——— 3 : : | 5 q q = C A CS i : 
= == 8 = = aoe A [=| 8 8 3 qa ae : 
= ae a — [=| 3 s Aq A 3 aa : 
= 3 : : oes ; qa 3B A 8 a s a cs ea a 
=| 3 ie oe — — 3 q 8 ae a>} 
ee a 
fae ae ' 
ae BEEP aoe 
se c =e 3 : r) : : A = 
3S . . = . r 
ie ae eee g 23 
ak q = : : cies a ae: 
ES E ; EEC : : 3 8 aad 
gis. ibe a3 
a : : : ae = 
il eae oe 
: | —* : : 3 A 
zB | 2 ae 4 
Le 
fe : 
ae is 
ia a2 
oe EE 
ane : ea 
foal z > 
g | 
= : 
a 


WISCONSIN HISTORICAL COLLECTIONS 


726 


NUMBER OF ROLL CALL 


ni] Dp] a| aja; 


aja|n;DpD]a;a 


Pers ees ees sd 


n| no} aja;noijo 


a/n|n|n|a| a]: 


Sass a 


n 


n 


D 
a 
a 


a 


n;jo 


weelecelene 


alalta|/n; nD 


AAasA dase asad 


AAA AA ABs AaBAS 


. . 


Ax tA mRAReaaaad 


n} a 


AA AA AAR AA AA: 


SA SSA ASBAAS 


ig A aaaa : 


assa 


Pa A ee Aaaaca ia 


Di} aja|aja;a 


ni|a|a/n/ nn] 0} a|] @ 


weelee 


:eagacAaasaa saad 


Saeaacdagasa i: aa: a 


3 


aln;n|a;n;D 


ajn|a 


ala|n|/n\| nm) a|al/o/o 


peers eee ees i i cs i 


| 


nila/jn] D| @| @| aja 


aja 


n\|o 


woclecelevelecclecel|ecs|sos|oee 


a 


ajla/n|j|no|n}] aj/ajnijn 


alain 


alaja|a/|n/nin}]aj/a;n/Q 


a|/n|n/] a@|/D| a 


nj a/j/n|a|jnu/o2 
n|ajn}a|;n/Q 


a|aj|a|aj)a/a 


alaj]ajn|/n)n}| aja; 
nin/n|ja|n]o}]a;nijn 


n\/n|n/n|]a;no|a/an 


ajaj|a|a/la|D,a/n)o 


nijn|n|a|aja;\a 


ala|a|a/a|n{|a}a/a 
ni/n|n|a;/n]n| a|a 
aln|n|a/|n/a;nu/;0 


ajn|n|a/|a/n|n|a;a 


a 


a 


| a 


n 


n 


n 
a 


a 


a 


n 


a; oOo 


aly |{ sey] ah | cel 


a 


aja|ja/;n|a 


a;a;n);a 


aja|D|} Oo) a 


a 


a 


a|/o 


aja;a;nija 


a 


a 


n/n|a;jn|n| a 


a 


a|a]a]a || @ 


ala|a|/n|] a} a;n};aj;jn 
ala|n]| Dp] a] a;no;} no; ono 


a|/D}n| a|aj|a 


‘+ SASBBAAS AAA A 


:S ASS SSS 


Dn 
a 
a 


@:asA:AAAA AAA 


(=| 
a 


eee ed ee eee 


a;no/;on 


n\|xr|nj aj a;jn\n a 


a,;n|n|a/aj|n/n|n 


a|n]a|a4]aj}a;a|a 


a 


a 


aln|a|a|a]|a;n; n/a 


a 


a 


nlaln|n|n|aja]n|njo 


n|a|j/n|/n;n]0)a 


s 
fehenet=(ot-l tehi=h ee scet-foae Cfo on 
Cj 


B. 


Babcock, J. M. 
Baird 
Baker 


ACR: \ 


Beall ......... 
Bell 


Menubers 
Agry - 
Atwood 
Babcock, 
Barber, H. 
Barber 
Bennett 

ITy 
Bevans 


a|/n]a}n}n| OD} a}... 


alnl|al|n|n{|n]ala/ujn 


a;n 


nja|n/a;n|najn 


a 


n 


n 


n]|a|a|n)} a 


nija|a|j/n;nj|a 


n 


a 


nja;/jnu 
a 


a 
a 


aln]|a|n|n}]n]|a/n/Q 


a 


ala/n]|n|]a;/;n;/ 2 


nj; a;j/nia 


a 


a 


nD 


n;}a;n 


a|n|aj|aj|n 


ni|a/n|]a|n/n/ DD} a) 4/0)... 


a|n|ala]a|a|a/}a;n | a/oD 


qd 
=| 
q 
Ss 
i=} 
s 


H. 
Browne, O. E..| | a|D/D/D)n 


Brown, 
Burchard 
Burnett 


alo|n/|n/n/n/]al|a|/n| aja} ajn;n)o 


a 


n|ni|nj|aj|nj| a;a 


aln|a|n/|a/n]n| aj @jn/n/a;n 


a 


n 


Burnside 
Burt 


Cartter 


A 
3 
eB 
vo 
2 
A 
a 
a 
o 


Ww. 


Chase, 


Clark 


Clothier 
Coombs ...-- 


Cooper 
Coxe 


Crawford 
Cruson 


Dennis 


Dickinson 


Doty 


Drake 


Dunning 


Edgerton 


Ellis 


Elmore 


Fitzgerald 


n;|a)jn 


a|a 


Gibson 


a 


n}| a|a 


a;a 


Giddings 


Gilmore .. 
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728 WISCONSIN HISTORICAL COLLECTIONS 


NUMBER OF ROLL CALL 


Members. 218|219]220|221|222|223|224|225|226| 227 |228|229]230|231 | 232 | 03319341935|236|237|238|289|2401241 |242 12431944 |245| 246104 


Pry tt aea da Tait ta face pee a fe Belle Galle gulfs sai meses vate et hey aia eta, He we ee 
Atwood ..... --|@}a};no;}/ nl] alo} alalalal.. | a]al]al}a@|al...| aj a|a]a/]n} a}...]a|}a|/D/ 0/0) n)0 
Babcock, B. ...|...]-» Al ECE Ss alecelleacfeccfecelese|ece]ecs|e oe fone|e ce }aesi| «clase lcine'|ie\e nile enillstereillelelal/ steal ellie atte ita] state! iets aiits an 
Babcock, J. M..| a] a | D]..-[-..|..efecefeesfesefenefece{oncfeesfecofecs| ceefecs|oee|s oe) Gil) | TU |G Ail Batches |) EX een ame 
Batra oe) ik vesflefeccfecsfecefenafesefese[oasfensfoes [ecsfoes[owstioe | eeelcoeleccleasl: cals el amMIN EiIintaan iia 
Baker ..........)a/al]aln|ajn|a}a|n|alalajal...|.../ aJ/alalalalalnjalalal...jn|nja a 
Barber, H. ...;n/a/a/a/a a/njn/a/nj/D/n/D)...) a] n\n} alalalal/niaja/al/nijnion 
Barber, J. A. | aj]aj|aja}j... n} a}/ajajn}]a)/o/n)...|...) pn] op} n}/ nj nj nj ajni|n}jajni ni... 
BPO niaainsle se nilajn/|p|a a/n}] nD} a] al.. ]...] a]..-]...] 0] DD] @}/ a] a;jn}]alnialj/nininia 
nija/n/|n/]|a a/nl/n/n{]n{]njalja}...Ja] non] n}aljajajnininjajnjajnin 
nila/n;n|a nol/nol/no{/n]/n;o}]n}ajn]/n] nin) aj aljn\jnijninjaljajajnin 
oa Wi Bevan cecledelecs|ecefoceieas] & 18) &] &@] Dy nm) 1%) aa eee 
BBB Bee OR a | n/]a;/n{]D}...}]...] 0) DO] a) &@) 0] D)...}...; 2) a} ajnjn 
nla/n|n|a ni] n/D}]...Ja}/ninjajaja}] a}/nj|a;)a;n]|a;/no}/n/a;njajnin 
aja/a/nj/a/a/n/nin|al/n]alal...|...) 2/0] a) a/n}aln}/n}ajn}ajala 
nilaln{/n/ajni|n|n|]n]ajn]aljalj...Ja]n}/n]ajalaljajn|n}|al}ala/njn 
aja/aja|n Lafelsmp core) MRUD Up ef UR ERB Oh ee nel L aaa .|...;o/n]/alalnin 
Brown, He ceed vehesepen edocs town eset etaficsefasalainatelasteiis |n'ses = cif ae [\mnaifia n= [lo wists wcll ate ai) ipl hist tnn te eth ae 
Browne, C. E. |n]/a/n/|nj]a;j/nin{n|ajajnja/alala}] 4/n/a}a/n]/ aj no} aja/ni|ni olin 
Burehard .....|n0}/ajnjaj/n|n]aja/|nijalnjaljajaij/n|n,;n]alal|n]nlalnijnininialn 
SLINNOUG oie p)biceleie ee bers Ie ae tna Reg cit Whaat eas Tc astat Eat ae yaaa RP an cttadl atacel ai By EY (I ESA ele (Sel icon ceiliel alin silecediaee= 
Burnside ......|a}aj|aj}ja/n/]n]aj]/a/]mn| aj] a} a] a)j...}...]---]-- shape A ee oa eerie rifle 
Ly waalbee canner aj...)a}a/n]njaj]a]}a/n]ajn}ini...}. nija/n/[n{| n/n] aj] n] n)...}...] o]..-]...|. 
Cartter .......;/n|/a/ln}]njaja|n{jn]al|ajn|al]al|ajal] alj/n/] ajal/n} ajn] a; a;n; a/ny\io 
Chamberlain ..}Jn|/a}]nj/n]/ajn|ni{|n]|n]ajn|aja{o}...| ajo] aja/n/ no} a;jno|al]a;/a;nijn 
Chase, H. ....|/nj|ajn|n/alaj|a/n|n}]ajnjalajn} a] nijn|jajal/n|jn/) ajo) ajo; n;o;o 
HABE, (Were eels = <i) sine slo e'] 1 epee | aed (oer EO etal acl eee! nal Mc) inc AA el es es Aa eon) acclaim sellocci las 
Clark .........Ja]a]aja]/n]a/nj]n}ala]/n} aj...|...j...] @] a] a] D}...) D}...)-- Bee iecalersalleckel lone 
Clothier .......J/mn|/nm]a|a|njn/a]aj...j/n}/n]/ajn|a}a;}n)a nla/ja/nja/nin 
GCOOMDS . i... 22 efor efecafecs|ene Sadibadi inal A Sslhecteadd|Ade Bis levaiel Retateidim ei testes leks sfeeelece|ene|es Bee ed eed eed od eed ei 
Cooper Jnijaln{n]a/ni{ni nj] aljn]a}n}] ajo]; ny} DO] DY] a; a)...)...)..- a|.../D}/ DD); Dn} Do 
Coxe ......-....Jn}/al}a{/n/a/n|n]/n}/n}ajn}aja}aja}/ a;n)a;a;n)n;n)n)a n/a;n;o 
Crawford ...../n}|ajnj/n/ala/a|/n|n|a}]n}aja/a|ja|a;n)aja;n)a;nia a|la|ja/n]/|D 
Cruson ........,a|/ a/R] a/n| ala} a! Dn] DO] a} @/ M]...]... |e feeeferetece|ece[ene[enetecs|eceteretace Tilers 
Dennis ......-..|n]aj...|n|/a/n}]n]/n{/n} a} nal al...|...) pn] DB} a) a) a) @ | 2!) a) mash rei 
Dickinson ..... alaln|n|alal/n/ol]n]alnijala|aja}]ajnjaja;/n/a;n)a n| al] a}...j 0 
Doty ..........|n{/a]n}]n]al]a;n/ np} a} al/n)a/ay...j...) 2) 0 ala/n|/n|a|n]|a/n/ Dn} ajo 
Drake .........)n|a}/nj{n|a|n|a]/aja}]ajn}ajaja/n|n}njaja}njn)jajn)o;n) ain n 
Dunning nialnin|jalaln|n,;n|alnjaj|al...|...]...)n] a}]a|]n]a}/n} a} a]...|-..| 2) oO 
Edgerton shed ee Meee TGretald ahebadl mie call ttotat fl mest wills mca Btoye WP atuifly at wift =| Alsi tjmishal llr it hata win [ie ve fie ole fiaters|f le ala  mtelatl oles tata a 
Ellis .....-.....;/n}/aifn|/njala!ln/|n]ajaln{ajaja)&} ajnjala|n;a/njajajn;n; an) 
EMOTE joa s06 ce alalalalala|a]la|n]/al]afa]af[n/n]njnjal|lajajaj|{n] a] a|/n/ OD} a; a 
Fitzgerald .....|a}/a]|a}a|/n/|n/ajaj}a/aja/ajni nid) njajn/njnjnjo aja|la n 
French .........]-c0{esefeeclora}ecepece{aee «= afecepece|s ade chevedecefece | ecefecedareleceecelecetecelereleceleceiecetoee|ene 
Puller .........;n]|/a/n]/n{/a/n]|n|n/n}]a/nj|a/aja]n| aj nj aja/a/n) n/n) a/)...)... D 
Gibson ......-.. n| alj...|...{..-] D|D] OD] @/D]...] a] D]..- ...|a]}a/n|n]|n]a]n}...jJn}/n} nin 
Giddings ...... nlaln|n]|ajnijni| nj a] DD} a] OD D}...|}--. alal|n]}a/nja/ninjnjnijnjn 
Gilmore ........ a|a|a|a]n}...].. wiecefeee] BD) A} al] ol...|] Dp] a} no] non] nj n|n] a} nj] n]...j ap} nin 
Goodell ........ nlalninialal|al...Jn}/a;/njaja&/n} 4] ni} njal/al/ajnj| a/n}al/n}...jnjn 
Goodrich ...... nilal/|n/nl|ajal/nuini...| 0] n}...j---|@}/0] ajnj|aj|al]a/nj|a}/n| aja nin 
Goodsell A ages eee ied Oi! ery ee Bier Dek IRS] Cant (eon| tice! bora al ciate jase |e eielf ove aif ave) opera tenet] letatan ete 
Graham ......- nin|n/n{alnj]a|a/n]a|nj]alalaj]a]a/n/a/}a/}a}/a/;n}a;/a/a;/a;a/n 
Granger nDila/n\|n]|a/a/nu] nj a/s/n} un] ni) n}.. .| D}/ no} a}ajn}a;njn}a;n/a;o;n 
Gray ............a/a]/a|a|/n/al/al|aja/aja/n|nj...].. | BD] a}n)n)n;n)a nj} n/n; n/n} o)a 
Green ...........,D|/a/n|/n{/ala/n{/n/n/]al/n|njnj...]n] 9/0] a} a! a] a)...}...) @) aj a;nin 
Hackett ........a]a]a]/a]/n]/n]a/a/a/n]aj]n{QD)...}.. lip es A BBE) pe! Geel iris (rico |ercs inc!) 
Hall, G. B.....J{n|a/n|/njal]jal/n|nj]al]a|/nj|al]al]aj]a}]aj/n}al/a/njn] aj]n}...j n/n] non) ny; nna 


MA eels te vasicebccn| siamese pecel|acet sisters 5 
Hammond .....|...]..-].-.|-.-|---|] D} D| D] MD} a} nN] a} a} aj ala 
Harkin .........a}/a]a/|a;|n{|n/]a/aj/n/]a/]a/ajnjal]a] a 
PWR ects cces icf te [oe eqn niei|loisvolllesae:] o-clal's 10) o/einif.s va |= mini] e,~:oi olece:|/eje/eif/almisi| alminifl eiataif tiaralfic, opi} wlatein(erall n/ehs!ftahovalp|aiw fw eft atta sem) tal ee 


aye tee ee alaln|a|nl...|.. Joon joap.loholal.| alalalnla!alaln|n|alalnin'alala- 


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a | acdem@dat@ i adaaa a laaaa ASAHAA oo: AA aaeaaAiaaggs:::ahasaainaagi ig 
Hl AeA AAAs a aed dai isa Aa Ta aad Agata ia aaah iaagagehi::na@:an@:aad 5 ta 
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= ee iat aaada Daa aaaq —leaseaerl : 4 Aa tae iad «A Dig@aAaea aad a io Daa AA a a ia mat ‘A 
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nc) 8 | fi gad aad a Pia Agaa a = aaa da a a ia ¢ ao AaAaAad AO A Rees oA oS (SAM tf 
ie | Rl seneagaiasaadaa:: aagaadge ieAd (HSA HAHSAAAAS iA aa HAA t ean ss. 
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fe} fs Q[Asanenaiiagsen {ieee ifaad iad@am@ ine ie iA iA@ ane ieaii:ieeaddaaiiaa:iie 
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fa Rl AAS eA PAAR AAA TAMARA AA AAA MHA A TA TA few ew SAMA Siw ee Hew Aeneas: tA 
a Aleks asadstedhaad : AGHA AREEHAGHAA TH iA ta@aeee cHa@aee i ieaanaenhaAaa ia 
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a Saadasn AAA: ] SAASSHSA TAMPA Awe AeHaena : SBSaSdHhAAAHAaai:i ia 
Wee are silt aS a igh eae 19 
Bt — “y Per isi 


730 


WISCONSIN HISTORICAL COLLECTIONS 


NUMBER OF ROLL CALL 


Members. 


249|250|251|252|258] 254) 256|256|257 


Atwood ....... 
Babcock, B. ..|.- 
Babcock, J. M. 


Bennett ......- 
Berry ..- 
Bevans ........ 


Brown, 44 
Browne, O. E. 
Burchard 


Burnett ... 


Burt .--c..cesee 
Cartter ....-+.. 


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THE CONSTITUTION OF 1846 


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Strong, Mar. ..|.. 
Strong, Moses 
Toland 

Wakeley 


Prentiss 


Randali 
Rankin 


Smith, 
Smith, 
Smith, 
Sm 
Smith, 
Soper 


Rogan 
Ryan 


732 WISCONSIN HISTORICAL COLLECTIONS 


APPENDIX II 


THE CONSTITUTION OF 1846 


PREAMBLE 


The Constitution of the State of Wisconsin, adopted in Convention at - 


Madison, on the sixteenth day of December, in the year of our Lord one 
thousand eight hundred and forty-six, and of the independence of the 
United \States, the seventy-first. 

We, the people of Wisconsin, acknowledging with gratitude the grace and 
beneficence of God in permitting us to make choice of our form of 
government, having the right of admission into the Union as a member 
of the Confederacy, consistent with the Constitution of the United States 
and the ordinance of Congress of one thousand seven hundred and eighty- 
seven, believing that the time has arrived when our present political 
condition ought to cease, and the right of self-government to be asserted; and, 
in order to establish justice, promote the general welfare, and secure the 
blessings of liberty to ourselves and our posterity, do mutually agree 
with each other to form ourselves into a free and independent state, by the 
name of the State of Wisconsin, and do ordain and establish this constitu- 
tion for the government thereof. 


ARTICLE I 
ON BOUNDARIES 


Section 1. It is hereby ordained and declared that the state of Wisconsin 
“doth consent to and accept of the boundaries” prescribed in the act of 
Congress entitled “An Act to enable the people of Wisconsin Territory to form 
a constitution and state government, and for the admission of such state 
into the Union,’ approved August sixth, one thousand eight hundred and 
forty-six: Provided, however, That the following alteration of the aforesaid 
boundary be and hereby is proposed to the Congress of the United 
States as the preference of the state of Wisconsin, and if the same shall be 
assented and agreed to by the Congress of the United States, then the same 
shall be and forever remain obligatory on the state of Wisconsin, viz., Leav- 
ing the aforesaid boundary line at the first rapids in the river St Louis, 
thence in a direct line southwardly to a point fifteen miles east of the 
most easterly point in Lake St. Croix, thence due south to the main channel 
of the Mississippi River or Lake Pepin; thence down the said main channel 


Pye 


THE CONSTITUTION OF 1846 733 


of Lake Pepin and the Mississippi River as prescribed in the aforesaid 
boundary. - 

Sec. 2. This ordinance is hereby declared to be irrevocable without the 
consent of the United States. 


ARTICLE II 


ON THE ACT OF CONGRESS FOR ADMISSION OF THE STATE 


Section 1. The propositions of the Congress of the United States, as 
Made and contained in their act of the sixth day of August, one thousand 
eight hundred and forty-six, entitled “An Act to enable the people of Wis- 
consin Territory to form a constitution and state government and for 
the admission of such state into the Union,” are hereby accepted, ratified, 
and confirmed: Provided, nevertheless, That nothing in this constitution or 
im the act of Congress aforesaid shall in any manner prejudice or affect the 
right of the state of Wisconsin to five hundred thousand acres of land 
granted to said state and to be hereafter selected and located by and under 
the act of Congress of the United States, entitled “An Act to appropriate 
the proceeds of the sales of the public lands and grant preémption righis,” 
approved September fourth, one thousand eight hundred and forty-one. 

See. 2. The state shall never interfere with the primary disposal of the 
soil within the same by the United States, nor with any regulations Congress 
may find necessary for securing the title in such soil to bona fide purchasers 
thereof; and no tax shall be imposed on land the property of the United 
States; and in no case shall nonresident proprietors be taxed higher than 
residents. 


ARTICLE III 


CN THE EXECUTIVE OF THE STATE 


Section 1. The executive power shall be vested in a governor, who shall hold 
his office for two years; a lieutenant governor shall be elected at the same 
time and for the same term. 

Sec. 2. No person except a citizen of the United States and a qualified 
€lector of this state shall be eligible to the office of governor or of lieutenant 
governor. 

Sec. 3. The governor and lieutenant governor shall be elected at the times 
and places of choosing members of the legislature. The persons respectively 
having the highest number of votes for governor and lieutenant governor 
shall be elected, but in case two or more shall have an equal and the highest 
number of votes for governor or for lieutenant governor, the two houses of 
the legislature at its next annual session shall forthwith by joint ballot 
choose one of the said persons so having an equal and the highest number 
of votes for governor or lieutenant governor. The returns of election for 
governor and lieutenant governor shall be made in such manner as shall 
be prescribed by law. 

Sec. 4. The governor shall be commander-in-chief of the military and naval 
forees of the state. He shall have power to convene the legislature on extra- 


734 WISCONSIN HISTORICAL COLLECTIONS 


crdinary occasions. He shall communicate by message to the legislature at 
every session the condition of the state and recommend such matters to them 
for their consideration as he shall judge expedient. He shall transact all 
necessary business with the officers of government, civil and military. 
He shall expedite all such measures as may be resolved upon by the legis- 
lature and shall take care that the laws are faithfully executed. 

Sec. 5. The governor shall receive as a compensation for his services, 
annually, the sum of one thousand dollars. 

Sec. 6. The governor shall have power to grant reprieves and pardons after 
conviction for all offenses except treason and cases of impeachment. He may 
commute sentence of death to imprisonment in a state prison for life. He 
may grant pardons upon such conditions and with such restrictions and limi- 
tations as he may think proper. Upon convictions for treason, he shall have 
power to suspend the sentence until the case shall be reported to the 
legislature at its next session. He shall communicate to the legislature, 
by message, each case of reprieve, commutation, and pardon by him granted 
since the next previous session of the legislature, stating the name of the 
convict, the crime of which he was convicted, the sentence and its date, and 
the date and conditions of the commutation, pardon, or reprieve. 

Sec. 7. In case of the impeachment of the governor, or his removal from 
office, death, inability from mental or physical disease, resignation, or 
absence from the state, the powers and duties of the office shall devolve upon 
the lieutenant governor for the residue of the term, or until the governor, 
absent or impeached, shall have returned or the disability shall cease. But 
when the governor shall with the consent of the legislature be out of the 
state in time of war, at the head of the military force thereof, he shall still 
continue commander-in-chief of all the military force of the state. 

Sec. 8. The lieutenant governor shall be president of the senate, but shall 
have only a casting vote therein. If, during a vacancy of the office of governor 
the lieutenant governor shall be impeached, displaced, resign, die, or, from 
mental or physical disease become incapable of performing his duties, or be 
absent from the state, the secretary of state shall act as governor until the 
vacancy shall be filled or the disability shall cease. 

Sec. 9. The lieutenant governor shall receive double the per diem of mem- 
bers of the senate for every day’s attendance as president of the senate, and 
the same mileage as shall be allowed to members of the legislature. 

Sec. 10. The governor and lieutenant governor or either of them shall 
not, during the term for which he or they are elected, hold any other office of 
trust, honor, profit, or emolument under this state or the United States, o1 
any other state of the Union, or of any state or foreign government. 

Sec. 11. Every bill which shall have passed the legislature shall before 
it becomes a law be presented to the governor; if he approve, he shall sign 
it; but if not, he shall return it with his objections to that house in which it 
shall have originated, who shall enter the objections at large on their journal 
and proceed to reconsider it. If, after such reconsideration, two-thirds of the 
members present shall agree to pass the bill, it shall be sent together with 
the objections to the other house, by which it shall likewise be reconsidered, 
and if approved by two-thirds of the members present, it shall become a law. 


pare 


THE CONSTITUTION OF 1846 735 


But in all cases the votes of both houses shall be determined by “yeas” and 
“nays,” and the names voting for and against the bill shall be entered on 
the journal of each house, respectively. If any bill shall not be returned by the 
governor within three days (Sundays excepted) after it shall have been 
presented to him, the same shall be a law unless the legislature shall by 
their adjournment prevent its return, in which case it shall not be a law. 


ARTICLE IV 


ADMINISTRATIVE 


Section 1. A secretary of state, who shall ex officio be the auditor, a treas- 
urer, and an attorney general shall be elected at the times and places of 
choosing governor and lieutenant governor, and shall hold their offices for 
the term of two years. 

Sec. 2. The secretary of state shall keep a fair record of the official acts 
of the legislative and executive departments of the state, and shall when 
required lay the same and all matters relative thereto before either branch 
of the legislature; and shall perform such other duties as shall be assigned 
him by law. He shall receive as a compensation for his services, yearly, such 
sum as shall be provided by law, not exceeding one thousand dollars, and shall 
keep his office at the seat of government. 

Sec. 3. The powers and duties of the treasurer and attorney general shall 
be prescribed by law. Hach of said officers shail receive as a compensation 
for his services, yearly, a sum to be prescribed by law. 

Sec. 4. The legislature shall not grant or allow to any officer named in this 
article any extra compensation under any pretense, or in any form whatever. 


ARTICLE V 


ON THE CONSTITUTION AND ORGANIZATION OF THE LEGISLATURE 


Section 1. The legislative power shall be vested in a senate and house of 
representatives. 

Sec. 2. The number of the members of the house of representatives shall 
never be less than sixty, nor greater than one hundred and twenty. The 
senate shall consist of a number of members not greater than one-third nor 
less than onefourth of the number of the members of the house of repre 
sentatives. 

Sec. 3. The legislature shall provide by law for an enumeration of the 
inhabitants of this state in the year one thousand eight hundred and fifty- 
five, and at the end of every ten years thereafter, and shall also provide 
for such enumeration in the year one thousand eight hundred and forty-eight; 
and at their first session after each enumeration so made as aforesaid, and also 
after each enumeration made by the authority of the United States, the 
legislature shall apportion anew the representatives and senators among 
the several districts according to the number of inhabitants, excluding In- 
dians not taxed and soldiers and officers of the United States army and navy. 

Sec. 4. Until there shall be a new apportionment of the senators and mem- 
bers of the house of representatives, the state shall be divided into senatorial 


736 WISCONSIN HISTORICAL COLLECTIONS 


and representative districts as follows, and the senators and members of 
the house of representatives shall be apportioned among the several districts 
as follows, viz: : 

The county of Brown shall constitute the first representative district, and 
shall be entitled to one representative. 

The county of Calumet shall constitute the second representative district, 
and shall be entitled to one representative. 

The county of Manitowoc shall constitute the third representative: district, 
and shall be entitled to one representative. 

The county of Marquette shall constitute the fourth representative district, 
and shall be entitled to one representative. 

The county of Winnebago shall constitute the fifth representative district, 
and shall be entitled to one representative. 

The county of Sheboygan shall constitute the sixth representative district, 
and shall be entitled to one representative. 

The county of Fond du Lac shall constitute the seventh representative dis- 
trict, and shall be entitled to two representatives. 

The county of Columbia shall constitute the eighth representative district, 
and shall be entitled to one representative. 

The county of Sauk shall constitute the ninth representative district, and 
shall be entitled to one representative. 

The county of Washington shall constitute the tenth representative district, 
and shall be entitled to four representatives. 

The county of Dodge shall constitute the eleventh representative district, 
and shall be entitled to four representatives. 

The county of Milwaukee shall constitute the twelfth representative district, 
and shall be entitled to eight representatives. 

The county of Waukesha shall constitute the thirteenth representative dis- 
trict, and shall be entitled to six representatives. 

The county of Jefferson shall constitute the fourteenth representative district, 
and shall be entitled to five representatives. 

The county of Dane shall constitute the fifteenth representative district, 
and shall be entitled to four representatives. 

The county of Racine shall constitute the sixteenth representaaiee atriet, 
and shall be entitled to ten representatives. 

The county of Walworth shall constitute the seventeenth representative dis- 
trict, and shall be entitled to six representatives. 

The county of Rock shall constitute the eighteenth representative district, 
and shall be entitled to five representatives. 

The county of Green shall constitute the nineteenth representative district, 
and shall be entitled to one representative. 

The county of Iowa shall constitute the twentieth representative district, 
and shall be entitled to seven representatives, Provided, That whenever the 
said county of Iowa shall be divided and two new counties shall be organized 
out of the same, then the northern of said two new counties shall be entitled 
to three representatives and the southern of said two new counties shall be 
entitled to four representatives. 

The county of Grant shall constitute the twenty-first representative district, 
and shall be entitled to five representatives. 


ee 


" 


% 


THE CONSTITUTION OF 1846 137 


The counties of Crawford and Richland shall constitute the twenty-second 
representative district, and shall be entitled to one representative. 

The counties of St. Croix and Chippewa shall constitute the twenty-third 
Tepresentative district, and shall be entitled to one representative. 

The county of LaPoint shall constitute the twenty-fourth representative 
district, and shall be entitled to one representative. 

The county of Portage shall constitute the twenty-fifth representative 
district, and shall be entitled to one representative. 

The counties of Brown, Calumet, Winnebago, Fond du Lac, Manitowoc, and 
Sheboygan shall constitute the first senatorial district, and shall be entitled 
to one senator. 

The counties of Marquette, Columbia, Portage, Sauk, Richland, Crawford, 
Chippewa, St. Croix, and La Point shall constitute the second senatorial 
district, and shall be entitled to one senator. 

The county of Washington shall constitute the third senatorial district, and 
shall be entitled to one senator. 

The county of Dodge shall constitute the fourth senatorial district, and 
shall be entitled to one senator. 

The county of Milwaukee shall constitute the fifth senatorial district, and 
shall be entitled to two senators. 

The county of Waukesha shall constitute the sixth senatorial district, and 
shall be entitled to two senators. 

The county of Jefferson shall constitute the seventh senatorial district, and 
shall be entitled to one senator. 

The county of Dane shall constitute the eighth senatorial district, and shall 
be entitled to one senator. 

The county of Racine shall constitute the ninth senatorial district, and 
shall be entitled to two senators. 

The county of Walworth shall constitute the tenth senatorial district, and 
shall be entitled to two senators. 

The county of Rock shall constitute the eleventh senatorial district, and 
shall be entitled to two senators. 

The county of Green shall constitute the twelfth senatorial district, and 
shall be entitled to one senator. 

The county of Iowa shall constitute the thirteenth senatorial district, and 
shall be entitled to two senators: Provided, That whenever the said county 
of Iowa shall be divided and two new counties shall be organized out of the 
same, then the northern of said two new counties shall be entitled to one sen- 
ator and the southern of said two new counties shall be entitled to one 
senator. 

The county of Grant shall constitute the fourteenth senatorial district, and 
shall be entitled to two senators. 

Sec. 5. The representatives shall be chosen annually on the day of the 
general election, by the qualified electors of the several districts: the senators 
skall be chosen biennially for two years, at the same time and in the same 
Ianner as the representatives are required to be chosen. 

Sec. 6. Senators and representatives shall be qualified electors in the re 
spective districts which they represent, and shall have resided at least one 
year in the state. 


47 


738 WISCONSIN HISTORICAL COLLECTIONS 


Sec. 7. No person holding office under the United States, postmasters ex- 
cepted, shall be eligible to aseat in either branch of the legislature of this state. 

Sec. 8. A majority of each house shall constitute a quorum to do business, 
but a smaller number may adjourn from day to day and may compel the at- 
tendance of absent members, in such manner and under such penalties as each 
house may provide. Each house shall choose its own officers. 

Sec. 9. Each house shall determine the rules of its proceedings and judge 
of the qualifications, elections, and returns of its own members; may punish 
for contempts, and its members for disorderly behavior; and may, with the 
concurrence of two-thirds of all the members elected, expel a member; but 
no member shall be expelled a second time for the same cause. 

Sec. 10. No senator or representative in the legislature of this state shall, 
during the time for which he was elected, or during one year after the expira- 
tion thereof, be appointed or elected to any civil office under the authority of 
this state, which shall have been created or the emoluments whereof shall have 
been increased during the time for which he was elected. 

Sec. 11. Senators and representatives shall in all cases, except treason, 
felony, and breach of the peace, be privileged from arrest, nor shall they be 
subject to any civil process during the session of the legislature, nor for 
fifteen days next before the commencement and after the termination of 
each session. : 

Sec. 12. The legislature shall meet at the seat of government on the 
second Thursday of January in every year, and at no other period, unless 
otherwise directed by law or provided for in this constitution. 

Sec. 18. The governor shall issue writs of election to fill such vacancies 
as may occur in the senate or house of representatives. 

Sec. 14. The style of the laws of this state shall be “It is enacted by the 
legislature of the state of Wisconsin, as follows, viz:” 

Sec. 15. Each member of the legislature shall receive for his services two 
dollars for each day’s attendance during the first forty days of any session, 
and one dollar for each day’s attendance during the remainder of such 
session, and ten cents for every mile he shall travel in going to and returning 
from the place of meeting of the legislature, to be computed by the most 
usually traveled route. 


ARTICLE VI 


ON THE POWERS, DUTIES, AND RESTRICTIONS OF THE LEGISLATURE 


Section 1. Each house shall keep a journal of its proceedings and publish 
the same, except such parts as may require secrecy. The doors of each 
house shall be kept open, except when the public welfare shall require 
secrecy. Neither house shall without the consent of the other adjourn for 
more than two days. 

Sec. 2. Any bill may originate in either house of the legislature, and all 
bills passed by one house may be amended by the other; and on the final 
passage of all bills the vote shall be by ayes and noes and shall be entered 
on the journal. 


THE CONSTITUTION OF 1846 739 


Sec. 3. The legislature may confer upon the boards of supervisors of 
the several counties of the state such powers of local legislation and admin- 
istration as they shall from time to time prescribe. 

Sec. 4. No private or local bill which may be passed by the legislature 
shall embrace more than one subject, and that shall be expressed in the title. 

Sec. 5. The legislature shall never grant extra compensation to any public 
Officer, agent, servant, or contractor aiter the service shall have been ren- 
dered or the contract entered into. 

See. 6. Members of the legislature, and all officers, executive and judicial, 
except such inferior officers as may by law be exempted, shall before they 
enter upon the duties of their Tespective offices take and subscribe the 
following oath or affirmation: “I do solemnly swear (or affirm as the case 
may be) that I will support the Constitution of the United States and 
the Constitution of the state of Wisconsin and that I will faithfully discharge 
mmesarcue afters of 2) o.oo). according to the best 
of my ability.” 

Sec. 7. The legislature shall never authorize any lottery. 

Sec. 8. One fifth of the members present of each house shall be entitled to 
call for the ayes and noes on any question and to have the same entered 
upon the journal. 

Sec. 9. The legislature shall establish but one system of town and county 
government, which shall be uniform as near as may be throughout the state. 

Sec. 10. The legislature shall direct by law in what manner and in 
what courts suits may be brought against the state. 


ARTICLE VII 


ON THE ORGANIZATION AND FUNCTIONS OF THE JUDICIARY 


Section 1. The court for the trial of impeachments shall be composed of 

the senate. The house of representatives shall have the power of impeach- 
ing all civil officers of this state for corrupt conduct in office or for crimes 
and misdemeanors; but a Majority of all the members elected shall concur 
in an impeachment. On the trial of an impeachment against the governor 
the lieutenant governor shall not act as a Member of the court. No judicial 
officer shall exercise his office after he shall have been impeached until his 
acquittal. Before the trial of an impeachment the members of the court shall 
take an oath or affirmation truly and impartially to try the impeachment 
according to evidence; and no person shall be convicted without the con- 
currence of two-thirds of the members present. Judgment in cases of im- 
peachment shall not extend further than to removal from office or removal 
from office and disqualification to hold any office of honor, profit, or trust 
under this state; but the party impeached shall be liable to indictment, trial, 
and punishment according to law. 
- Sec. 2. The judicial power of this state, both as to matters of law and 
equity, shall be vested in a supreme court, cireuit courts, courts of probate, 
and in justices of the peace. The legislature may also vest such jurisdiction 
as shall be deemed necessary in municipal courts, and shall have Dower to 
establish inferior courts in the several counties, with limited civil and crim- 
inal jurisdiction. 


740 WISCONSIN HISTORICAL COLLECTIONS 


Sec. 3. The supreme court, except in cases otherwise provided in this 
constitution, shall have appellate jurisdiction only, which shall be coextensive 
with the state; but in no case removed to the supreme court shall a trial 
by jury be allowed in said court. The supreme court shall have a general 
superintending control over all inferior courts; it shall have power to issue 
writs of habeas corpus, mandamus, injunction, quo warranto, certiorari, and 
other original and remedial writs, and to hear and determine the same. 

Sec. 4. For the term of five years from the first election of the judges of 
circuit courts and thereafter until the legislature shall otherwise provide 
the judges of the several circuit courts shall be judges of the supreme court 
a majority of whom shall constitute a quorum, and the concurrence of a 
majority of the judges present shall be necessary to a decision. 

Sec. 5. The state shall be divided into five judicial circuits, to be com- 
posed as follows: The first circuit shall comprise the counties of Racine, 
Walworth, Rock, and Green; the second circuit, the counties of Milwaukee, 
Waukesha, Jefferson, and Dane; the third circuit, the counties of Washing- 
ton, Dodge, Columbia, Marquette, Sauk and Portage; the fourth circuit, 
the counties of Brown, Manitowoc, Sheboygan, Fond du Lac, Winnebago, and 
Calumet; and the fifth circuit shall comprise the counties of Iowa, Grant, 
Crawford, and Richland; and the counties of Chippewa, St. Croix, and La Point 
shall be attached to the county of Crawford for judicial purposes until other- 
wise provided by the legislature. 

Sec. 6. The legislature may alter, increase, or diminish the number of 
circuits, making them as compact and convenient as may be, and bounding 
them by county lines; but no alteration or diminution of the number of 
circuits shall have the effect to remove a judge from office. 

Sec. 7. For each circuit there shall be a judge chosen by the qualified 
electors therein, who shall hold his office for the term of five years, and until 
his suecessor shall be chosen and qualified; and after he shall have been 
elected he shall reside in the circuit for which he was elected. One of said 
judges shall be designated as chief justice, in such manner as the legislature 
shall provide. 

Sec. 8. The circuit courts shall have original jurisdiction in all matters — 
civil and criminal within this state not otherwise excepted in this constitu- 
tion and not hereafter prohibited by law, and appellate jurisdiction from 
all inferior courts and tribunals and a supervisory control over the same. 
They shall also have power to issue writs of habeas corpus, Mandamus, in- 
junction, quo warranto, certiorari, and all other writs necessary to enforce 
their own jurisdiction and give them a general control over inferior courts 
and jurisdictions. 

Sec. 9. When a vacancy shall happen in the office of a supreme or circuit 
judge, such vacancy shall be filled by an appointment by the governor, which 
shall continue until a successor is elected and qualified, and, when elected, 
such successor shall hold his office for a full term. No election for judges 
or for any single judge of the supreme or circuit court shall be held within 
thirty days of any general election for state or county officers. 

Sec. 10. Each of the judges of the supreme and circuit courts shall re 
ceive a salary of one thousand five hundred dollars annually. They shal) 


ciel 


THE CONSTITUTION OF 1846 741 


receive no fees of office or other compensation than their salaries; they shall 
hold no other office of public trust, and all votes for either of them for any 
office except that of judge of the supreme or circuit court, given by the legis- 
lature or the people, shall be void. If any judge shall resign his office, he 
shall not be eligible or appointed to any office within two years after such 
resignation. No person shall be elected to the office of judge who is not a 
citizen of the United States, who shall not have attained the age of twenty- 
five years, and who shall not have resided within this state or territory two 
years previous to his election. 

Sec. 11. The supreme court shall hold at least one term in each judicial 
circuit, annually, at such times and places as shall be provided by law. A 
circuit court shall be held in each county of this state, organized for judi- 
cial purposes, at least twice in each year. The circuit judges may hold 
courts for each other and shall do so when required by law. 

See. 12. Until the legislature shall otherwise provide, the circuit judges 
shall interchange circuits and hold courts in such manner that no judge 
of either of said circuits shall hold court in any one circuit for more than 
one year in five successive years, except in case of vacancy, absence, or of 
inability or disability of one of said judges. 

Sec. 13. There shall be a clerk of the circuit court chosen in each county 
organized for judicial purposes, by the qualified electors therein, who shall 
hold his office for two years, subject to removal, as shall be provided by law. 
In case of vacancy, the judge of the circuit shall have the power to appoint 
a clerk until the vacancy shall be filled by an election. The clerk of the 
circuit court shall perform all the duties of the office of register of deeds. 
On the first Monday in January and July in each year he shall make a 
statement, under oath, of all the fees of his office during the half year next 
preceding and deposit such statement in the office of the county treasurer; 
when the fees mentioned in such statément shall exceed the sum of seven 
hundred and fifty dollars, he shall pay seventy-five per centum of such excess 
into the county treasury. He may in all cases demand his fees in advance, 
and shall give such security as the legislature may require. 

The supreme court shall appoint its own clerks, and the clerk of a circuit 
court may be appointed a clerk of the supreme court. 

Sec. 14. Any judge of the supreme or circuit court may be removed from 
office by address of both houses of the legislature, if two-thirds of all the 
members elected to each house concur therein, but no removal shall be made 
by virtue of this section unless the party complained of shall have been 
served with a copy of the complaint against him and shall have had an 
opportunity of being heard in his defense. On the question of removal the 
ayes and noes shall be entered on the journals. 3 

Sec. 15. There shall be chosen in each county by the qualified electors 
thereof a judge of probate, who shall hold his office for two years and until 
his successor is elected and qualified. 

Sec. 16. The electors of the several towns at their annual town meeting 
and the electors of cities and villages at their charter elections shall in 
such manner as the legislature may direct elect justices of the peace, whose 
term of office shall be for two years and until their successors in office shall 


742 WISCONSIN HISTORICAL COLLECTIONS 


be elected and qualified. They shall have civil and criminal jurisdiction coex- 
tensive with the county in which they are elected in such cases as shall be 
prescribed by law. 

Sec. 17. Tribunals of conciliation may be established with such powers and 
duties as may be prescribed by law; but such tribunal shall have no power 
to render judgment to be obligatory on the parties, unless they agree to 
abide the judgment or assent thereto in the presence of such tribunal. 

Sec. 18. The legislature shall have power to vest in clerks of courts or in 
other competent persons authority to grant such orders and do such acts 
as may be deemed necessary for the furtherance of the administration of 
justice; but in all cases the powers thus granted shall be specified and deter- 
mined. 

Sec. 19. “The style of all writs and process shall be ‘the state of Wiscon- 
sin’; all criminal prosecutions shall be carried on in the name and by the 
authority of the same; and all indictments shall conclude, against the peace 
and dignity of the state.” 

Sec. 20. The legislature shall impose a tax on all civil suits commenced 
or prosecuted in the supreme or circuit courts, which shall be paid into the 
treasury of the state, and shall constitute a fund to be applied toward the 
payment of the salary of judges. ( 

Sec. 21. The testimony in equity cases shall be taken in like manner as 
in cases at law, and the office of master in chancery shall be abolished. 

Sec. 22. Any suitor in any court of this state shall have the right to 
prosecute or defend his suit either in his own proper person or by an 
attorney or agent of his choice. 

Sec. 23. A district attorney shall be elected in each county organized for 
judicial purposes by the qualified electors therein, whose duties, compensation, 
and term of service shall be prescribed by law. 

Sec. 24. The legislature shall provide for the speedy publication of all 
statute laws and of such judicial decisions made within this state as it may 
deem expedient. All laws and judicial decisions shall be free for publication 
by any person, and no general law shall be in force until published. 

Sec. 25. The legislature at its first session after the admission of this state 
into the Union shall provide for the appointment of three commissioners, 
whose duty it shall be to revise, simplify, and arrange the statute iaws of 
this state, with proposed amendments, to inquire into and ascertain the 
rules of practice, pleadings, forms, and proceedings most suitable to be 
adopted in the courts of record in this state, and to report thereon to the 
legislature, subject to their modification and adoption. 


ARTICLE VIII 


ON SUFFRAGE AND THE ELECTIVE FRANCHISE 


Section 1. All male persons of the age of twenty-one years or upwards, 
belonging to any of the four following classes of persons, and who shall have 
resided in this state for one year next preceding any election authorized by 
this constitution or any law, shall constitute the qualified electors at such 
election. 

ist. All white citizens of the United States. 


THE CONSTITUTION OF 1846 743 


2d. All white persons, not citizens of the United States, who shall have 
declared their intention to become such in conformity with the laws of 
Congress for the naturalization of aliens and shall have taken before any 
officer of this state authorized to administer oaths and filed in the office 
of the clerk of any court of record in this state or, in counties where there 
may be no court of record, in the office of the clerk of the county, an oath to 
support the constitution of the United States and of this state. 

83d. All Indians declared to be citizens of the United States by any law 
of Congress. . 

4th. All civilized persons of the Indian blood, not members of any tribe 
of Indians. 

Sec. 2. Whenever Congress shall dispense with a declaration of intention 
as a requisite to naturalization, the declaration of intention required of the 
second class of electors shall be made and filed in the office of the clerk of any 
court of record in this state. 

Sec. 3. No elector shall be entitled to vote except in the district, county, 
or township in which he shall have actually resided for ten days next pre- 
ceding such election, Provided, That any such elector shall be permitted to 
vote anywhere in the state for state officers. 

Sec. 4. No person under guardianship shall be permitted to vote at any 
election. 

Sec. 5. All votes shall be given by ballot, except for such township officers 
as may by law be directed or allowed to be otherwise chosen; and in all elec- 
tions to be made by the legislature the members thereof shall vote viva voce; 
and their votes shall be entered on the journai. 

Sec. 6. Electors shall in all cases except treason, felony, or breach of the 
peace be privileged from arrest during their attendance at elections, and in 
going to and returning from the same. 

Sec. 7. No elector shall be obliged to do militia duty on the days of 
election, except in time of war, actual invasion, insurrection, or public dan- 
ger; nor shall any elector on the days of election be obliged to attend any 
court either as a suitor, witness, or juror. 

‘Sec. 8. No person shall be deemed to have lost his residence in this state 
by reason of his absence on business of the United States, or of this state. 

Sec. 9. No soldier, seaman, or marine in the army of the United States 
shall be deemed a resident of this state in consequence of being stationed 
in any military or naval place within the same. 

Sec. 10. It shall not be lawful for any voter directly or indirectly to make 
any bet or wager on any election at which he shall vote, and it shall be the 
duty of the legislature to prescribe as a part of the oath to be taken by any 
voter, that he has not directly or indirectly made any bet or wager on the 
election at which he offers his vote. 


ARTICLE [xX 
ON EDUCATION, SCHOOLS, AND SCHOOL FUNDS 


Section 1. The supervision of public instruction shall be vested in a state 
superintendent and such other officers as the legislature may direct. The state 


\ 


744 WISCONSIN HISTORICAL COLLECTIONS 


superintendent shall be elected or appointed in such manner and for such 
term of office as the legislature shall direct. The legislature shall provide for 
filling vacancies in the office of state superintendent and prescribe his powers 
and duties. 

Sec. 2. There shall be a state fund for the support of common schools 
throughout the state, the capital of which shall be preserved inviolate. All 
moneys that may be granted by the United States to this state and the clear 
proceeds of all property, real or personal, that has been or may be granted 
as aforesaid for educational purposes (except the lands heretofore granted for 
the purposes of a university) or for the use of the state where the purposes 
of the grant are not specified, and all moneys and the clear proceeds of all 
property which may accrue to the state by forfeiture or escheat shall be 
appropriated to and made a part of.the capital of said fund. The interest on 
said fund, together with the rents on all such property until sold, shall 
be inviolably appropriated to the support of said schools annually. Provision 
shall be made by law for an equal and equitable distribution of the in- 
come of the state school fund amongst the several towns, cities, and dis- 
tricts, for the support of schools therein, respectively, in some just ratio to 
the number of children who shall reside in the same between the ages of 
five and sixteen years inclusive. 

Sec. 38. Provision shall be made by law requiring the several towns and 
cities to raise a tax on the taxable property therein, annually, for the support 
of common schools in said towns and cities, respectively. 

Sec. 4. The legislature shall provide for a system of common schools, which 
shall be as nearly uniform as may be throughout the state, and the common 
schools shall be equaily free to all children, and no sectarian instruction shall 
be used or permitted in any common school in this state. 

Sec. 5. The legislature shall provide for the establishment of libraries, 
@ne at least in each town and city, and the money which shall be paid as an 
equivalent for exemption from military duty and the clear proceeds of all 
fines assessed in the several counties for any breach of the penal laws shall 
be exclusively applied to the support of said libraries. 


ARTICLE X 


ON BANKS AND BANKING 


Section 1. There shall be no bank of issue within this state. 

Sec. 2. The legislature shall not have power to authorize or incorporate, 
by any general or special law, any bank or other institution having any 
banking power or privilege, or to confer upon any corporation, institution, 
person or persons any banking power or privilege. 

Sec. 3. It shall not be lawful for any corporation, institution, person or 
persons within this state, under any pretense or authority, to make or issue 
any paper money, note, bill, certificate, or other evidence of debt whatever, 
intended to circulate as money. 

Sec. 4. It shall not be lawful for any corporation within this state, under 
any pretense or authority, to exercise the business of receiving deposits of 
money, making discounts, or buying or selling bills of exchange, or to 
do any other banking business whatever. 


THE CONSTITUTION OF 1846 745 


Sec. 5. No branch or agency of any bank or banking institution of the 
United ‘States, or of any state or territory within or without the United 
States, shall be established or maintained within this state. 

Sec. 6. It shall not be lawful to circulate within this state after the year 
one thousand eight hundred and forty-seven any paper money, note, bill, 
certificate, or other evidence of debt whatever, intended to circulate as money, 
issued without this state, of any denomination less than ten dollars, or 
after the year one thousand eight hundred and forty-nine, of any denomina- 
tion less than twenty dollars. 

Sec. 7. The legislature shall at its first session after the adoption of this 
constitution and from time to time thereafter as may be necessary enact 
adequate penalties for the punishment of all violations and evasions of the 


provisions of this article. 


ARTICLE XI 


ON INTERNAL IMPROVEMENTS 


Section 1. This state shall encourage internal improvements by individuals, 
associations, and corporations, but shall mot carry on, oF be a party in 
carrying on, any work of internal improvement, except in cases authorized 
by the second section of this article. 

Sec. 2. When grants of land or other property shall have been made to the 
state, especially dedicated by the grant to particular works of internal im- 
provement, the state may carry on such particular works and shall devote 
thereto the avails of such grants so dedicated thereto, but shall in no case 
pledge the faith or credit of the state or ineur any debt or liability for such 
work of internal improvement. 

Sec. 3. All lands which shall come to the state by forfeiture or escheat, 
or by grant, where the grant does not specially dedicate the same to any other 
object, shall be held by the state as a part of the state school fund, under 
the same trusts, reservations, and restrictions as are provided in this con- 
stitution in regard to school lands proper. 


ARTICLE XII 


ON TAXATION, FINANCE, AND PUBLIC DEBT 


Section 1. All taxes to be levied in this state, at any time, shall be as 
nearly equal as may be. 

Sec. 2. No money shall ever be paid out of the treasury of this state, 
except in pursuance of an appropriation by law. 

See. 3. The credit of the state shall never be given or loaned in aid of 
any individual, association, or corporation. 

Sec. 4. There shall be published by the treasurer, in at least one newspaper 
printed at the seat of government during the first week in January in each 
year and in the next volume of the acts of the legislature, a detailed state- 
ment of all moneys drawn from the treasury during the preceding year, for 
what purpose and to whom paid, and by what law authorized. 


746 WISCONSIN HISTORICAL COLLECTIONS 


Sec. 5. There shall never be issued by or in any way on behalf of the 
state any scrip or other evidence of state debt, except in the cases and manner 
authorized in the eighth, ninth, and tenth sections of this article. 

Sec. 6. This state shall never contract any public debt, unless in time of 
war, to repel invasion, or suppress insurrection, except in the cases and manner 
provided in the eighth, ninth, and tenth sections of this article. 

Sec. 7. The legislature shall provide for an annual tax sufficient to defray 
the estimated expenses for each year; and whenever it shall happen that the 
expenses of the state for any year shall exceed the income of the state for 
such year the legislature shall provide for levying a tax for the ensuing year, 
sufficient, with other sources of income, to pay the deficiency of the preceding 
year, together with the estimated expenses of such ensuing year. 

Sec. 8. For the purpose of defraying extraordinary expenditures, the state 
may contract public debts; but such debts shall never, singly or in the ag- 
gregate, exceed one hundred throusand dollars. Every such debt shall be 
autborized by law for some single work or object to be distinctly specified 
therein; and no such law shall take effect until it shall have been passed 
by the vote of two-thirds of the members of each house, to be recorded by 
yeas and nays on the journals of each house, respectively; and every such law 
shall levy an annual tax sufficient to pay the annual interest of such debt, 
and also a tax sufficient to pay the principal of such debt within five years 
from the final passage of such law, and shall specially appropriate the 
proceeds of such taxes to the payment of such principal and interest; and such 
appropriation shall not be repealed, and such taxes shall not be repealed, 
postponed, or diminished until the principal and interest of such debt shall 
have been wholly paid. 4 

Sec. 9. All debts authorized by the preceding section shall be contracted 
by loan on state bonds, of amounts not less than five hundred dollars, each, 
on interest, payable within five years after the final passage of the law 
authorizing such debt, and such bonds shall not be sold for less than par. 
A correct registry of all such bonds shall be kept by the treasurer in numer- 
ical order, so as always to exhibit the number and amount issued, the number 
and amount unpaid, and to whom severally made payable. 

Sec. 10. On the final passage in either house of the legislature of any law 
which imposes, continues, or renews a tax, or creates a debt or charge, or 
makes, continues, or renews an appropriation of public or trust money, or re- 
leases, discharges, or commutes a claim or demand of the state, the question 
shall be taken by yeas and nays, which shall be duly entered on the journals; 
and threefifths of all the members elected to each house shall in all such 
cases be required to constitute a quorum therein. 

Sec. 11. The money arising from any loan made, or debt or liability con- 
tracted, shall be applied to the work or object specified in the act authorizing 
such debt or liability, or to the repayment of such debt or liability, and to 
no other purpose whatever. 


THE CONSTITUTION OF 1846 T47 


ARTICLE XIII 


ON THE MILITIA 


Section 1. The militia of this state shall consist of all free, able-bodied 
male persons (negroes and mulattoes excepted) resident in the said state, be- 
tween the ages of eighteen aad forty-five years, except such persons as now 
are or hereafter may be exempted by the laws of the United States, or of 
this state; and they shall be armed, equipped, organized, and disciplined in 
such manner and at such times as may be directed by law. Those who 
conscientiously scruple to bear arms shall not be compelled to do so, but 
shall pay an equivalent for personal service. 

Sec. 2. The militia of this state shall be divided into convenient divisions, 
brigades, regiments, battalions, and companies, with officers of corresponding 
titles and rank to command them, conforming as nearly as practicable to the 
general regulations of the army of the United States. 

Sec. 3. Captains and subalterns in the militia, field officers of regiments, 
brigade inspectors, brigadier generals, and major generals shall be elected or 
appointed in such manner as shall hereafter be provided by law. 

Sec. 4. The governor shall appoint the adjutant general and other members 
of his staff. Major generals, brigadier generals, and commanders of regiments 
and.separate battalions shall respectively appoint their own staff. All staff 
officers may continue in office during good behavior and shall be subject to 
| be removed by the superior officer from whom they respectively receive their 
appointment. 

Sec. 5. All military officers shall be commissioned by the governor. 

Sec. 6. The militia as divided into divisions, brigades, regiments, battalions, 
and companies, pursuant to the laws now in force, shall remain so organized 
until the same shall be altered or regulated by the legislature. 


| ARTICLE XIV 


ON THE RIGHTS OF MARRIED WOMEN AND ON EXEMPTIONS FROM FORCED SALE 


Section 1. All property, real and personal, of the wife, owned by her at 
the time of her marriage, and also that acquired by her after marriage, by gift, 
devise, descent, or otherwise than from her husband, shall be her separate 
property. Laws shall be passed providing for the registry of the wife’s 
property and more clearly defining the rights of the wife thereto, as well as to 
property held by her with her husband, and for carrying out the provisions 
of this section. Where the wife has a separate property from that of the 
husband the same shall be liable for the debts of the wife contracted before 
marriage. 

Sec. 2. Forty acres of land, to be selected by the owner thereof, or the 
homestead of a family not exceeding forty acres, which said land or home 
stead shall not be included within any city or village and shall not exceed in 
value one thousand dollars, or instead thereof (at the option of the owner) 
any lot or lots in any city or village, being the homestead of a family and 
not exceeding in value one thousand dollars, owned and occupied by any resi- 


748 WISCONSIN HISTORICAL COLLECTIONS 


dent of this state, shall not be subject to forced sale on execution for any 
debt or debts growing out of or founded upon contract, either express or im- 
plied, made after the adoption of this constitution: Provided, That such ex- 
emption shall not affect in any manner any mechanic’s or laborer’s lien or any 
mortgage thereon lawfully obtained, nor shall the owner, if a married man, 
be at liberty to alienate such real estate unless by consent of the wife. 


ARTICLE XV 


ON EMINENT DOMAIN AND PROPERTY OF THE STATE 


Section 1. The state shall have concurrent jurisdiction on the river Mis- 
sissippi and on every other river and lake bordering on the said state so far as 
the said river or lake shall form a common boundary to the said state, and 
any other state or states, territory or territories now or hereafter to be 
formed and bounded by the same; and the said river Mississippi and the 
navigable waters leading into the Mississippi and St. Lawrence and the 
carrying places between the same shall be common highways and forever 
free as well to the inhabitants of this state as to the citizens of the United 
States without any tax, impost, or duty therefor. No law shall be passed 
to take away or abridge the rights of owners to the riparian soil or land 
under water, unless in the same law provision is made for full compensation 
to such riparian owners. j : 

Sec. 2. All lands and other property which have accrued to the territory 
of Wisconsin by grant, gift, purchase, forfeiture, escheat, or otherwise shall 
vest in the state of Wisconsin. 

Sec. 3. The people of this state in their right of sovereignty are declared 
to possess the ultimate property in and to all lands within the jurisdiction of 
this state; and all lands, the title to which shall fail from a defect of heirs, 
shall revert, or escheat to the people. 


ARTICLE XVI 


BILL OF RIGHTS 


Section 1. All men are born equally free and independent; all power is 
inherent in and all government of right originates with the people, is founded 
in their authority, and instituted for their peace, safety, and happiness. 

Sec. 2. There shall be neither slavery nor involuntary servitude in this 
state otherwise than for the punishment of crimes, whereof the party shall 
have been duly convicted. 

Sec. 3. Every person may freely speak, write, and publish his sentiments 
on all subjects, being responsible for the abuse of that right, and no laws 
shall be passed to restrain or abridge the liberty of speech or of the press. 
In all prosecutions or indictments for libel the truth may be given in evi- 
dence to the jury; and if it shall appear to the jury that the matter charged 
as libellous be true, and was published with good motives and for justifiable 
ends, the party shall be acquitted; and the jury shall have the right to deter- 
mine the law and the fact. 


THE CONSTITUTION OF 1846 749 


Sec. 4. The people shall at all times have the right in a peaceable manner 
to assemble together to consult for the common good. 

Sec. 5. No words spoken in debate in either house of the legislature shall 
be the foundation of any action, complaint, or. prosecution whatever. 

See. 6. The trial by jury in all suits at law shall be preserved, but a jury 
trial may be waived by the parties in all civil cases, in the manner pre- 
seribed by law. 

Sec. 7. No law shall be passed granting any divorce, otherwise than by 
due judicial proceedings. 

Sec. 8. Excessive bail shall not be required; excessive fines shall not be 
imposed; and cruel and unjust punishment shall not be inflicted. 

_Sec. 9. In all criminal prosecutions the accused shall have the right to a 
speedy and public trial by an impartial jury of the vicinage; to be confronted 
with the witnesses against him; to have compulsory process for obtaining wit- 
nesses in his favor; and to have the assistance of counsel for his defense. 
Sec. 10. No person shall be held to answer for a capital or otherwise in- 
famous crime unless on presentment or indictment of a grand jury, and no 
person for the same offense shall be twice put in jeopardy of punishment, nor 
shall be compelled in any criminal case to be a witness against himself. 
All persons shall before conviction be bailable by sufficient sureties, except 
for capital offenses when the proof is evident or the presumption great; and 
the privilege of the writ of habeas corpus shall not be suspended, unless 
when, in case of rebellion or invasion, the public safety may require it. 
Sec. 11. Treason against the state shall consist only in levying war against 
the same, or in adhering to its enemies, giving them aid and comfort. No 
person shall be convicted of treason unless on the testimony of two witnesses 
to the same overt act, or on confession in open court. 

Sec. 12. The right of the people to be secure in their persons, houses, 
papers, and effects against unreasonable searches and seizures shall not be 
violated, and no warrants to search any place or seize any person or thing shall 
issue without describing them as near as may be nor without probable cause, 
supported by oath or affirmation. 

Sec. 13. No bill of attainder, ex post facto law, nor any law impairing 
the validity of contracts shall ever be passed; and no conviction shall work 
corruption of blood or forfeiture of estate. 

See. 14. The property of no person shall be taken for public use without 
just compensation therefor. 

Sec. 15. Moreigners who are or may hereafter become residents of this state 
shall enjoy the same rights in respect to the possession, enjoyment, and descent 
of property as native-born citizens. 

Sec. 16. No person shall be imprisoned for debt in this state. 

Sec. 17. No religious test shall be required as a qualification for any 
office of public trust, and no person shall be deprived of any of his rights, 
privileges, or capacities, or disqualified from the performance of any of his 
public or private duties, or rendered incompetent to give evidence in any 
court of law or equity in consequence of his opinions on the subject of re- 
ligion. The free exercise and enjoyment of religious profession and worship 
without discrimination or preference shall forever be allowed in this state 
to all mankind. 


750 WISCONSIN HISTORICAL COLLECTIONS 


Sec. 18. The military shall be kept under strict subordination to the 
eivil power. 

Sec. 19. The legislature shall make no law respecting the establish- 
ment of religion, nor shall any person be compelled to attend any place 
of worship, pay tithes, taxes, or other rates for building or repairing places 
of worship, or for the maintenance of any minister or ministry. 

Sec. 20. Writs of error shall be prohibited by law. 

Sec. 21. No money shall be drawn from the treasury for the benefit 
of religious societies or theological or religious seminaries. 


ARTICLE XVII 


MISCELLAN EOUS PROVISIONS 


Section 1. All leases or grants of agricultural land for a longer period 
than twenty years hereafter made, in which rent or service of any kind shall 
be reserved, shall be void. 

Sec. 2. The political year for the state of Wisconsin shall commence on the 
first day of January in each year. 

Sec. 3. Any inhabitant of this state who may hereafter be engaged either 
directly or indirectly in a duel either as principal or accessory shall forever 
be disqualified from holding any office under the constitution and laws of the 
state, and may be punished in such other manner as shall be prescribed by law. 

Sec. 4. No member of Congress nor any person holding any office of profit 
or trust under the United States, postmasters excepted, or under any other 
state of the Union, or under any foreign power, no person convicted of any in- 
famous crime in any court within the United States, and no person, being a 
defaulter to the United States or to this state, or to any town or county therein, 
cr to any state or territory within the United States, shall be eligible to 
any office of trust, profit, or honor in this state. 

Sec. 5. No person being elected or appointed to the office of governor, 
lieutenant governor, senator or representative in the legislature, or judge of the 
supreme or circuit courts shall be eligible during his term of office to any other 
office of trust, profit, or honor in this state. 

See. 6. Every person elected or appointed to the office of governor, lieu- 
tenant governor, secretary of state, treasurer, attorney general, senator or 
representative in the legislature, or judge of the supreme or circuit courts 
shall be required to declare in his oath of office before he shall assume his 
office that he will not during the term for which he is elected or appointed to 
such office accept the office of senator or representative in Congress. 


ARTICLE XVIII 


ON AMENDMENTS AND REVISION 


Section 1. Any amendment or amendments to this constitution may be 
proposed to this constitution in either house of the legislature; and if the 
same shall be agreed to by two-thirds of the members elected to each of the 
two houses, such proposed amendment or amendments shall be entered on 
their journal, with the yeas and nays taken thereon; and shall be published 


THE CONSTITUTION OF 1846 751 


for three months previous to the next annua] election in such manner as the 
legislature shall prescribe; and if the people shall approve and ratify such 
amendment or amendments by a majority of the qualified electors voting 
thereon, such amendment or amendments shall become a part of the consti- 
tution: Provided, That, if more than one amendment be submitted, they shall 
be submitted in such manner that the people may vote for or against such 
amendment separately and distinctly. 

Sec. 2. Every tenth year after this constitution shall have taken effect 
it shall be the duty of the legislature to submit to the people at the next 
annual election the question whether they are in favor of calling a convention 
to revise the constitution or not; and if a majority of the qualified electors 
voting thereon shall have voted in favor of a convention, the legislature shall 
at its next session provide by law for holding a convention, to be holden 
within six months thereafter; and such convention shall consist of a number 
of members not less than that of the house of representatives, nor more than 
that of both houses of the legislature. 


ARTICLE XIX 


SCHEDULE 


Section 1. That no inconvenience may arise from a change of territorial to a 
permanent state government, it is declared that all rights, actions, prosecu- 
tions, judgments, claims, and contracts, as well of individuals as of bodies 
corporate, shall continue as if no such change had taken place; and all 
process which may be issued under the authority of the territory of Wisconsin, 
previous to its admission into the Union of the United States, shall be valid, 
as if issued in the name of the state. 

See. 2. All laws now in force in the territory of Wisconsin which are not 
repugnant to this constitution shall remain in force until they expire by 
their own limitations or be altered or repealed by the legislature. 

Sec. 3. All fines, penalties, or forfeitures accruing to the territory of Wis- 
consin shall accrue to the use of the state. 

Sec. 4. All recognizances heretofore taken or which may be taken before 
the change of territorial to a permanent state government shall remain valid 
and shall pass over to and may be prosecuted in the name of the state; and 
all bonds executed to the governor of the territory or any other officer or court 
in his or their official capacity shall pass over to the governor or state author- 
ity and their successors in office for the uses therein respectively expressed, 
and may be sued for and recovered accordingly; and ali the estate or property, 
real, personal or mixed, and all judgments, bonds, specialties, choses in action, 
and claims, or debts of whatsoever description, of the territory of Wisconsin 
shall inure to and vest in the state of Wisconsin, and may be sued for 
and recovered in the same manner and to the same extent by the state of 
Wisconsin as the same could have been by the territory of Wisconsin. All 
criminal prosecutions and penal actions which may have arisen or which may 
arise, before the change from a territorial to a state government, and which 
shall then be pending, shall be prosecuted to judgment and execution in the 
name of the state. All actions at law and suits in equity which may be pend- 


752 WISCONSIN HISTORICAL COLLECTIONS 


ing in any of the courts of the territory of Wisconsin at the time of the 
change from a territorial to a state government shall be continued and trans- 
ferred to any court of the state which shall have jurisdiction of the subject 
matter thereof. 

Sec. 5. All officers, civil and military, now holding their offices under the au- 
thority of the United States or of the territory of Wisconsin shall continue to 
hold and exercise their respective offices until they shall be superseded under 
the authority of the state. 

See. 6. The first session of the legislature of the state of Wisconsin shall 
commence on the first Monday of November next, and shall be held at the 
village of Madison, which shall be and remain the seat of government until 
otherwise provided for by law. 

Sec. 7. All county and township officers shall continue to hold their respec- 
tive offices, unless removed by the competent authority, until the legislature 

_shall in conformity to the provisions of this constitution provide for the hold- 
ing of elections to fill such offices, respectively. 

Sec. 8. The president of this convention shall immediately after its ad- 
journment cause a fair copy of this constitution, together with a copy of the 
act of the legislature of this territory entitled “An Act in relation to the 
formation of a state government in Wisconsin,’ approved January 31, 1846, 
providing for the calling of this convention, and also a copy of so much of 
the last census of this territory as exhibits the number of its inhabitants, to 
be forwarded to the president of the United States, with the request of this 
convention in behalf of the people of Wisconsin that all said matters may 
be by him laid before the Congress of the United States at its present session. 

Sec. 9. This constitution shall be submitted at an election to be held on the 
first Tuesday in April next, for ratification or rejection, to all persons who 
shall then have the qualifications of electors for delegates to this convention, 
and all persons having such qualifications at the time last aforesaid shall 
be entitled to vote for or against the adoption of this constitution, and 
for all officers to be elected under it. And if the constitution be ratified 
by the said electors, it shall become the constitution of the state of Wisconsin. 
On such of the ballots as are for the constitution shall be written or printed 
the word “yes,” and on those which are against the ratification of the consti- 
tution the word “no.” The election shall be conducted in the manner now pre- 
scribed by law, and the returns made by the clerks of the boards of super- 
visors or county commissioners, as the case may be, to the governor of the ter- 
ritory at any time before the tenth day of May next. And in the event of a 
ratification of this constitution by a majority of all the votes given, it shall be 
the duty of the governor of this territory to make proclamation of the same, 
and to communicate a digest of the returns to the senate and house of repre- 
sentatives of the state on the first day of their session. The governor shall 
also issue writs to the proper authorities in the several counties requiring 
them to cause an election to be held on the first Monday in September next, 
for governor, lieutenant governor, secretary of state, treasurer, attorney gen- 
eral, members of the state legislature, and for all officers who are elective 
under this constitution, except judges. 


THE CONSTITUTION OF 1846 753 


Sec. 10. Two members of Congress shall also be elected on the first Mon- 
day in September next, and until the first enumeration and apportionment 
shall be made as directed by this constitution; the counties of Brown, Mani- 
towoc, Calumet, Fond du Lac, Sheboygan, Washington, Milwaukee, Waukesha, 
Racine, and Walworth shall constitute the first Congressional district, and 
elect one member; and the counties of Marquette, Winnebago, Columbia, Port- 
age, Sauk, Dodge, Jefferson, Dane, Rock, Green, Iowa, Grant, Richland, Craw- 
ford, Chippewa, St. Croix, and La ‘Pointe shall constitute the second Congres- 
sional district, and shall elect one member. 

Sec. 11. The first election of judges of the supreme and circuit court shall 
be held on the second Monday of June next; and the governor of the territory 
shall, by the fifteenth day of May next, issue writs to the proper authorities 
in the several counties and districts, requiring such election to be held on the 
day aforesaid in their respective counties and districts. 

Sec. 12. The several elections provided for in this article shall be conducted 
according to the existing laws of this territory; and the returns, except for 
township and county officers, shall be certified and transmitted to the speaker 
of the house of representatives, at the seat of government, in such time that 
they may be received on the first Monday of November next; and as soon as the 
legislature shall be organized the speaker of the house of representatives and 
the president of the senate shall, in the presence of both houses, examine the 
returns and declare who are duly elected to fill the several offices hereinbefore 
mentioned. 

Sec. 13. All persons to be eligible to any office in this state shall have the 
qualifications of electors as specified in article “On suffrage and the elective 
franchise.” 

See. 14. Such parts of the common laws as have heretofore been in use in the 
territory of Wisconsin, not inconsistent with this constitution and the statute 
laws which may be in force, shall be and continue part of the law of this state 
until altered or suspended by the legislature. 

See. 15. The governor, lieutenant governor, and other state officers first 
elected under this constitution shall enter upon the duties of their respective 
offices on the first Monday of November next, and shall continue in office for 
two years from the first day of January following, and the judges elected un- 
der this constitution shall enter upon the duties of their offices on the first 
day of January after such election, and their terms of office shall be for five 
years after said first day of January. And the governor and other territorial 
officers whose places are supplied \by the election under this constitution shall 
continue in office until their successors are qualified and enter upon the duties 
of their office as before stated. 

Sec. 16. The oaths of office may be administered by any judge or justice 
of the peace until the legislature shall otherwise direct. 


RESOLUTIONS 


Resolved, That the legislature shall at its first session pass an act forever 
refusing the assent of this state to the provisions of an act of Congress 
entitled “An Act to grant a quantity of land to the territory of Wisconsin, for 
the purpose of aiding in opening a canal to connect the waters of Lake 


48 


754 WISCONSIN HISTORICAL COLLECTIONS 


Michigan with those of Rock River,” approved the eighteenth day of June, 
eighteen hundred and thirty-eight, and refusing the grant therein made, and 
refusing to assume the trusts thereby created. 

Resolved, That the Congress of the United States be and is hereby requested, 
upon the admission of this state into the Union, so to alter the provisions of 
the said act of Congress, approved June eighteenth, eighteen hundred and 
thirty-eight, and so to alter the terms and conditions of the grant made therein 
that the odd numbered sections thereby granted and the proceeds of so much 
thereof as shall have been sold by the territory of Wisconsin may be held 
and disposed of by the state as part of the five hundred thousand acres of 
land to which the state is entitled by the provisions of an act of Congress en- 
titled “An Act to appropriate the proceeds of the sales of the public lands and 
to grant preémption rights,” approved the fourth day of September, eighteen 
hundred and forty-one, that the even numbered sections reserved by Congress 
may be offered for sale by the United States for the same minimum price and 
subject to the same rights of preémption as other public lands of the United 
States. 

Resolved, That in case the said odd numbered sections shall be ceded to the 
state as aforesaid, the same shall be sold by the state, in the same manner, 
at the same minimum price, and subject to the same right of preémption 
to occupants as the public lands of the United States are now sold, and the 
excess price over and above one dollar and twenty-five cents per acre, 
absolutely or conditionally contracted to be paid by the purchasers of any 
part of said sections which shall have been sold by the territory of Wisconsin, 
shall be remitted to such purchasers, their representatives, or assigns. 

Resolved, That Congress be requested upon the admission of this state into 
the Union to pass an act whereby the grant of five hundred thousand acres of 
land, to which this state is entitled by the provisions of an act of Congress 
entitled “An Act to appropriate the proceeds of the sales of public lands, and 
to grant preémption rights,” approved the fourth day of September, eighteen 
hundred and forty-one and also the five per centum of the net proceeds of 
the public lands lying within this state, to which this state shall become en- 
titled on her admission into the Union by the provisions of an act of Congress 
entitled “An Act to enable the people of Wisconsin Territory to form a 
constitution and state government, and for the admission of such state, into the 
Union,” approved the sixth day of August, eighteen hundred and forty-six, 
shall be granted to this state for the use.of schools, instead of the purposes 
mentioned in that behalf in the said acts of Congress respectively. 

Resolved, That the foregoing resolutions be appended to and signed with 
the constitution of this state, and submitted therewith to the people of this 
territory and to the Congress of the United States. 

D. A. J. UpHam, President of the Convention. 
LA FAYETTE KELLOGG, Secretary. 


J. Y. Smith Fred. S. Lovell Garrett M. Fitzgerald 
And’w E. Elmore C. H. Parsons James B. Cartter 
Asa Kinne Stephen O. Bennett Nathaniel Dickinson 
E. G. Ryan Daniel Harkin John M. Babcock 


A. Hyatt Smith C. M. Baker Francis Huebschmann 


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Some AUTOGRAPHS OF THE FATHERS 


Last page of the manuscript of protest to Congress on boundaries of 
Wisconsin, December, 1846 


—— 


Horace Chase 

W. W. Graham 
John Cooper 

Wm. R. Hesk 
Pitts Ellis 

Joseph Kinney 
Benj’n Fuller 
Thomas James 
Henry C. Goodrich 
Hiram Barber 
Wm. M. Dennis 
LaFayette Hill 
Benjamin Granger 
Josiah Topping 

N. E. Whiteside 
Joseph Bowker 


John W. Boyd 


Stoddard Judd 
Geo. B. Hall 
Lyman H. Seaver 
Nathaniel F. Hyer 
James Chamberlain 
Franklin Z. Hicks 
David L. Mills 


James Magone 
John H. Manahan 
J. R. Vineyard 

P. A. R. Brace 
David Noggle 
Hiram Brown 
James M. Moore 
Joel F. Wilson 
Hopewell Coxe 
Patrick Toland 
John Crawford 
Garret Vliet 
Sanford P. Hammond 
Noah Phelps 
Davis Bowen 
Israel Inman Jr. 
Charles E. Browne 
Edward H. Janssen 
Patrick Rogan 
George Hyer 
Elihu L. Atwood 
Aaron Rankin 
Samuel T. Clothier 


RESOLUTION 


ON COLORED SUFFRAGE 


THE CONSTITUTION OF 1846 


Salmous Wakeley 
Jas. P. Hays 
Lorenzo Bevans 
Geo. B. Smith 
Horace D. Patch 
Evander M. Soper 
Wm. Bell 

Sewall Smith 
William Holcombe 
Bostwick O’Connor 
Edward Coumbe 
Joseph S. Pierce 
S. W. Beall 

Wm. R. Smith 
Moses Meeker 
Wm. H. Clark 
Lemuel Goodell 
Warren Chase 
Jeremiah Drake 
Andrew Burnside 
James Duane Doty 
Wm. C. Greene 
Joshua L. White 


755 


Resolved, That at the same time when the votes of the electors shall be 


taken for the adoption or rejection of this constitution an additional section 
in the following words, viz: “All male citizens of the African blood possessing 
the qualifications required by the first section of the article on suffrage and 
the elective franchise shall have the right to vote for all officers and be 
eligible to all offices that now are or hereafter May ibe elective by the people 
after the adoption of this constitution,” shall be submitted to the electors of 
this state for adoption or rejection in the form following, to wit: A separate 
ballot may be given by every person having the right to vote for the adoption 
of this constitution to be deposited in a separate box. Upon the ballots given 
for the adoption of said separate amendment shall be written or printed, 
or partly written and partly printed, the words, “Equal suffrage to colored 
persons, Yes,” and upon the ballots given against the adoption of the said 
Separate amendment, in like manner, the words, “Equal suffrage to colored 
persons, No,” and on such ballots shall be written or printed, or partly 
written and partly printed, the words, “Constitution Suffrage’ in such 
manner that such words shall appear on the outside of such ballot when 
folded. If, at the said election a majority of all the votes given for and 
against the said separate amendment shall contain the words, ‘Equal : 
Suffrage to colored persons, Yes,” then the said separate amendment after 
the adoption of this constitution shall be a separate section of article———— 
of this constitution, in full force and effect, anything contained in the 
constitution to the contrary notwithstanding. 
D. A. J. UpHAM, President. 
La Fayetre Kewwoee, Secretary. 


756 WISCONSIN HISTORICAL COLLECTIONS 


APPENDIX III 


BIOGRAPHICAL SKETCHES OF THE MEMBERS OF THE CONVENTION 
OF 1846 


Davin Acry, the only member of the convention from the state of Maine, 
was born at Pittston, August 2, 1794. After graduating from Dartmouth 
College in 1815 he began the study of law and by 1818 was practicing in 
Bangor, Maine. A few years later he removed to Louisiana, practiced law at 
New Orleans and Shreveport, and after several years in the South made his 
home in New York City. In September, 1840, he removed to Green Bay. In 
1842 he was elected to the territorial legislature and served until 1845. In 
that year he became county and probate judge for Brown, serving until 1846. 
In 1849 he was reélected to the same office, which he held until his death, 
January 30, 1877. Wis. Hist. Colls., viii, 455. Wisconsin Bar Association Pro- 
ceedings, 1881, 86. 


Ernu Lester AtTwoop was one of the Massachusetts men in the convention, 
having been born April 30, 1806, in Alford, Berkshire County. In 1836 he 
determined to try his fortune in Wisconsin and reached Milwaukee in August 
of that year. In May, 1837 he moved to his. claim in the township of Lake 
Mills, Jefferson County. Thither his father and several brothers and sisters 
followed him. His sister Nancy was the first teacher at Lake Mills; his son 
William Henry is thought to have been the first white child born in the town- 
ship. In 1841 E. L. Atwood was clerk of the school district and two years 
later school trustee. His legislative experience was limited to the sessions 
of the first constitutional convention, after which he retired to his farm at 
Lake Mills, where he died October 24, 1874. Wis. Hist. Colls., xi, 430. His- 
tory of Jefferson County (Chicago, 1879). 


Barnes Bapcock was elected to the convention as a Democrat from 
Muskego Township, Waukesha County, whither he had removed in 1839 
from Fort Ann, Washington County, New York. He was a farmer and an 
influential citizen of his county, which he served as supervisor in 1855. 
This office and that in the convention wherein he acted on the committee 
on miscellaneous provisions were his only political services. He was 
interested in the development of his community, aided in the growth of its 
schools, and helped to lay the foundations of the State Agricultural Society. 
He died at his farm in March, 1869. History of Waukesha County (Chicago, 
1880), 903. 


BIOGRAPHICAL SKETCHES by 


JouN M. Bascocx, farmer, was elected as a Democrat from Dane Town- 
ship, Dane County, where he had settled in 1843 upon removal from Vermont. 
In the convention he served on the committee on admission of the state. 
He died at the age of forty-nine in the year Wisconsin became a state. 
Tenney, Horace A., and David Atwood, Memorial Record of the Fathers of 
Wisconsin (Madison, 1880), 37. 


Henry S. Barep was born in Dublin, Ireland, May 16, 1800, and was in his 
fifth year when his father, who had been concerned in the Irish movement 
under Robert Emmet, emigrated to America. The Bairds lived for several 
years at Pittsburgh, and in 1815 removed to Ohio. Henry was destined for 
the law and siudied in 1818 with his father’s friend, S. Douglas, in Pitts- 
burgh; the next year he entered a law office in Cleveland, to which place the 
family had removed. By close application young Baird impaired his health 
and was advised to try the climate of Mackinac. He taught school here 
during the winter of 1823 and in June was admitted to the bar by the 
newly-appointed Michigan judge, James D. Doty. The next year Mr. Baird 
accompanied Judge Doty to Green Bay and finding the region without a 
lawyer determined to settle there. Returning to Mackinac, he was married 
August 12, 1824, to Elizabeth Thérése Fisher of that place, a descendant 
of French and Ottawa families of the early Northwest. The life at Green Bay 
begun by the newly married couple the following September is charmingly 
described by Mrs. Baird in Wis. Hist. Colis., xv, 205-63. As most of Mr. 
Baird’s clients were of French descent, his wife’s services as translator and 
interpreter were of great value. He accompanied Judge Doty on his early 
tours for holding court and became acquainted with every section of the 
territory and with nearly all its early citizens. He obtained in a marked 
degree the confidence and esieem of all whom he met, and when in 1836 
he was chosen member of the first territorial council, it was a natural 
sequence that he should be elected its president. At the close of the first 
or Belmont session of the legislature Governor Dodge appointed Mr. Baird 
the first attorney-general of the new territory, an office which he retained 
until March, 1839, when he resigned to attend to his private practice. In 
politics Mr. Baird was somewhat conservative. He belonged to the Whig 
party and was its candidate for governor in 1853. In the constitutional con- 
vention Mr. Baird was one of the strongest Whigs. He served on the legis- 
lative committee and was chairman for that on the organization of counties 
and towns. Afier the slavery issue grew threatening, he affiliated with the 
Republican party. As a rule Mr. Baird shunned political office, yielding 
only to a sense of duty in accepting public responsibilities. He was presi- 
dent of Green Bay village at the time it became an incorporated city in 
1853-54, and was elected mayor in the years 1861 and 1862. In addition to 
the mayoraliy, he rendered efficient service to the community and the nation 
during the troubled years of the Civil War. Again in 1871, when calamity 
in the shape of forest fires visited northeastern Wisconsin and relief was 
urgently needed, it was Mr. Baird to whom his fellow citizens turned to 
administer the relief fund with sympathy and impartiality. 

From the time of his advent in Wisconsin Mr. Baird had been sought for 
advice and aid by every class in the community. Especially was he helpful to 


758 WISCONSIN HISTORICAL COLLECTIONS 


the needy and oppressed Indians. In 1836 he was secretary of the com- 
mission that drew an important treaty with the red men at Cedar Point. 
Thereafter his services were in constant demand to settle the tribesmen’s 
affairs. To the poor and destitute of the community he was ever an adviser 
and friend. In all that concerned Wisconsin’s welfare he maintained a keen 
interest. He was interested in the founding of the Wisconsin Historical 
Society and in 1862 was elected vice president thereof, an office he held until 
his death. He promoted the Masonic order in Wisconsin and held many 
of its higher offices. He died April 30, 1875. Wis. Hist. Colls., vii, 426-43. 
Manuscript record. ; 


CHartEs Minton Baker, son of Robert Hall and Elizabeth Price Baker, 
was born October 18, 1804, in New York City. When Charles was an infant 
the family removed to Vermont, and there he grew up, entering Middlebury 
College in 1822. Owing to ill health he was obliged to leave college in 
1823, and after a pedestrian tour through the eastern states he taught school 
for two years in Philadelphia. In 1826 he began the study of law at Troy, 
New York, where he passed three years in the office of Judge S. G. Hunting- 
ton. In 1829 he married, and about the same time entered a law partnership 
with Henry W. Strong at Seneca Falls, where he practiced with a good degree 
of success until 1834. Then, his health again failing, he returned to Vermont 
and became a merchant. In 1838 Mr. Baker determined to remove to Wis- 
consin, whither Marshall M. Strong, brother of his former partner, had 
preceded him. Mr. Baker took up land near Lake Geneva and in December 
of that year was domiciled in the village of Geneva. He was the first 
lawyer in Walworth County; in 1839 he was appointed district attorney. 
In 1842 he was elected to the territorial council, wherein he served for four 
years. In politics he was a Democrat, and in the constitutional convention 
was chairman of the committee that prepared the judiciary provisions. His 
legal acumen was so great that in 1848 he was made one of the revisers of 
statutes for the state. In 1856 he was appointed circuit judge to fill a 
vacancy but refused to stand for an election. During the Civil War he 
efficiently aided the provost marshal in the first district. He died of apoplexy 
at his Geneva home, February 5, 1872. All who knew him testified to the 
purity of his life and character as well as to the breadth of his legal ability 
and judgment. Wis. Hist. Colls., vi, 436-39; Reed, Bench and Bar, 110. 


HreamM BARBER was a Man of means who removed from New York in 1843 
to invest in Wisconsin lands. Born at Hebron, Washington County, New 
York, January 25, 1800, he began his business career as a merchant in 
Warren County of his native state. In 1829 Governor Van Buren appointed 
him a local judge, a position he held until his removal to the West. Having 
become interested in lumbering he sold out his real estate, consisting of 
8,000 acres of wild land and six sawmills, and bought a considerable tract of 
timber and virgin land in Dodge County, Wisconsin. Thither in 1844 he 
removed his family, and settled two miles east of the county seat, where he 
led the usual life of the pioneer, clearing and planting, contending with an 
occasional party of Indians, and opening sawmills, whose product he sold at 
Milwaukee and Racine. In 1848 he built the Dodge County courthouse 


BIOGRAPHICAL SKETCHES 759 


and in 1849 the Juneau hotel at the place of that name. Judge Barber’s 
election to the constitutional convention was his first political office. In 
politics he was a Democrat, and in the convention served on the judiciary 
committee. In 1848 he was candidate for governor; after his defeat he was 
appointed by Governor Dewey for a six-year term on the first board of 
University regents (1848-54). He was a member of the state assembly of 1849, 
served several terms as chairman of the Dodge County board of supervisors, 
and in 1874 ran for Congress on the Republican ticket but was unsuccessful. 
During his latter years Judge Barber turned his attention to manufacturing. 
In 1863 he removed to Horicon and bought a half interest in the Van Brunt 
Company, which was engaged in manufacturing seeders. In 1870 he bought 
out the entire concern, but three years later sold it to his son and one of 
the Van Brunts. After his retirement from business he continued to live 
in Horicon until his death at an advanced age, October 28, 1888. Judge 
Barber had great faith in the progress of Wisconsin and contributed not 
only to its economic, but also to its intellectual and social development.’ In 
addition to his services as regent of the state University he was a charter 
member of the Wisconsin Historical Society and one of its vice presidents 
from 1849 to 1853. His services in developing Dodge County are recognized 
by its historians. History of Dodge County (Chicago, 1880), 408, 655-56; 
H. P. Hubbell, Dodge County, Wisconsin (Chicago, 1913), 90. 


Jorn AtrteN BarBer, who was elected to the convention as a Whig from 
Lancaster, was a native of Georgia, Franklin County, Vermont, and a grad- 
uate of Vermont University. After studying law two years in Maryland 
where in 1834, at the age of twenty-one years, he was admitted to the bar, 
he returned to his native state and practiced for three years at Fairfield. 
In 1837 he removed to Lancaster, Wisconsin, and formed a partnership with 
Nelson Dewey for a land and legal business. The firm soon had a large 
clientage in southwestern Wisconsin. Mr. Barber’s services in the conven- 
tion were employed on the judiciary committee, in preparation of the article 
that evoked so much controversy. After the convention, Mr. Barber was for 
many years a county supervisor; he was president of his village in 1856, 
1860-62, and 1870-71. He represented his district in the assemblies of 1852, 
1853, 1863, and 1864, and in the state senate of 1856-57. Originally a Free- 
soil Whig, Mr. Barber became one of the founders of the Republican party in 
the state. In 1860 he was a Lincoln elector; in 1871 he was elected to Con. 
gress and reélected for a second term. His newspaper, the Grant County 
Herald, was always imbued with Free-soil and Republican principles. His 
legal practice was large. His death, which occurred June 28, 1881, removed 
from the community a loyal, faithful citizen. C. N. Holford, History of Grant 
County (Lancaster, 1900), 111-13. 


Samvuret Worton Bratt was born ‘September 26, 1807, at Montgomery, 
Prince George County, Maryland. He graduated in 1824 from Union College, 
and after studying law at Litchfield was admitted to the bar at the age of 
nineteen. In 1827 he married Elizabeth Fennimore Cooper, niece of the 
novelist; the same year the young couple removed to Green Bay, Wisconsin, 


760 WISCONSIN HISTORICAL COLLECTIONS 


where in 1835 Mr. Beall was appointed receiver of the first land office opened 
in eastern Wisconsin. By 1837 he had acquired a vast estate in land, and re- 
turned to Cooperstown, New York, to make his home. The panic of 1837 — 
having disarranged investments, the Bealls returned two years later to 
Wisconsin, settling in 1842 at Taycheedah, near Fond du Lac. Before leay- 
ing Green Bay Mr. Beall inherited from his mother a Maryland estate com- 
prising thirty slaves; these he freed and devoted the entire proceeds of the 
estate to their support. Mr. Beall as a liberal Democrat was one of the five 
members of both constitutional conventions. In the first he represented 
Marquette, in the second, Fond du Lac County. In both he served on com- 
mittees concerning general provisions. As the second lieutenant governor of 
the state, he presided in the senate with much ability. After the close of his 
term he aided the Stockbridge Indians in bringing their case before Congress 
and in securing a settlement of their land claims. For some years thereafter 
Mr. Beall practiced law and in 1859 visited Colorado where he is said to 
have been a founder of the city of Denver. Upon the outbreak of the Civil 
War he enlisted as a private and rapidly rose to the rank of lieutenant 
colonel of the Eighteenth Wisconsin. He was wounded at the battle of 
Shiloh, but recovered sufficiently to participate in the seige of Vicksburg. 
During the latter years of the war Colonel Beall was in command of the 
Confederate prisoners at Elmira, New York. At the close of the war he re- 
ceived a federal commission for service in Montana, and while discharging 
the duties with which he was entrusted was shot and killed on September 
26, 1868, at Helena. Manuscript record. 


Wui1amM Bett of Walworth County was born in 1806 in Berne, Albany 
County, New York. He received a common school education and taught for 
a few years in his native state. In 1828 he removed to Albany where he 
learned the carpenter’s trade and was employed as a builder until in 1837 he 
removed to Walworth County, Wisconsin. He was the first justice of the 
peace, the first postmaster of his district, and the first counly assessor. In 
politics Mr. Bell was a Democrat, and in the convention was a member of 
the committee on the legislature. He gave two sons to the army during the 
Civil War. At its close he sold his farm and removed to Elkhorn, whence in 
1870 he went to Lawrence, Kansas. There he was interested in horticulture 
and aided the State Horticultural Society. He died at his Kansas home 
November 8, 1876. He was a man of independent thought in both religion 
and politics, a sturdy patriot, and an excellent citizen. History of Walworth | 
County (Chicago, 1882), 798. 


STEPHEN O. BENNETT was a native of Milton, Saratoga County, New York, 
where he was born in 1807. In his boyhood he removed to New Haven, Con- 
necticut, where he prepared for college, but his eyesight failing, he became 
a merchant, first at Albany and later at New York City. In 1832 Mr. 
Bennett removed to Ohio, and in 1840 settled on a farm in Mount Pleasant 
Township, Racine County, Wisconsin. In politics he was a Free-soil Dem- 
ocrat; as such he was chosen to the convention, wherein he served on the 
committee on amendments. Later he became a Republican. Mr. Bennett 


THE CONSTITUTION OF 1846 761 


Was a member of the state assembly in 1850, and of the senate in 1851-52. 
In 1859 he sold his farm and removed to Kalamazoo, Michigan, where he 
resumed his earlier career as a merchant. His death occurred suddenly 
May 24, 1886, while away from home, at Chicago, Illinois. Manuscript 
record. 


Wit11am Berry, of Walworth County, was the oldest member of the con- 
vention. Born December 20, 1780, at Salem, Massachusetts, he removed in 
early manhood to Madison County, and later to Cortland County, New York. 
In the latter county he served in the judiciary and acquired the title Judge 
Berry. In 1843 he removed to Wisconsin settling at Honey Creek in Walworth 
County, which he represented as a Democrat in the convention and where 
he died the year Wisconsin became a state. Mr. Berry was justice of the 
peace at Honey Creek; he was a Mason and aided in forming a lodge at 
Madison. Manuscript record. 


LORENZO BEVANS, who was elected to the convention from Platteville, 
Grant County, was born in New York in 1805. He was by profession a law- 
yer, but came to Wisconsin in 1834 to prospect for lead. In 1836 he was 
admitted to the local bar. He became fascinated with mining, and finally 
after much prospecting, in 1844 discovered a lode that made him rich. Mr. 
Bevans was one of the few Democrats elected from Grant County to the 
convention in which he was a member of the committee on municipal cor- 
porations. He also served as justice of the peace and held some minor 
local offices in Grant County until his death in 1849. His legal ability 
would seem not to have been unusual but he was a useful member of the 
convention. Wisconsin Bar Association Proceedings, 1881, 190. 


Davis Bowen, from western Pennsylvania, came of ancestors that held the 
frontier during the Revolution and the succeeding Indian wars. He was 
born at the “Forks of Cheat” May 25, 1795, the year of the Treaty of Green- 
ville. In 1836 he sold his Fayette County, Pennsylvania, farm, and the next 
spring settled on a large farm in Green County, Wisconsin. He was a suc- 
cessful farmer, a staunch Democrat, and a loyal Baptist. In the convention 
he was on the miscellaneous provisions committee; after the session he 
lived on his Green County farm until his death, May 6, 1867. History of 
Green County, Wisconsin (Springfield, Ill., 1884), 282-83. 


JosEPH BowKeER, son of Silas Bowker of Cayuga County, New York, was born 
at Lock in that county, October 9, 1797. He acquired only a common school 
education and spent much of his younger life at Auburn, N. Y. He was 
married October 9, 1817. During the succeeding years he was employed 
-as a merchant and farmer in his native state. In 1844 he removed to Wis- 
consin settling for a time at Lake Geneva, but soon removing to Delavan, 
which became his permanent home. In the convention to which he was chosen 
on the Democratic ticket he aided in preparing the preamble. In his home 
town he was justice of the peace for several years and there he died March 
26, 1856. Manuscript record. 


762 WISCONSIN HISTORICAL COLLECTIONS | 


JoHN Wr14mM Boyp was born September 15, 1811, at Charlton, Saratoga 
County, New York. His early life was passed as a farmer and merchant in 
Cortland County. In 1844 he removed to Wisconsin and purchased a fine 
farm in Linn Township, Walworth County, which became his permanent 
home. In 1846 Governor Dodge commissioned Mr. Boyd major general of 
militia. He held many local offices on the county board, of which he was 
chairman in 1874. In 1848, 1849, and in 1858-60 he was a member of the 
state senate. For many years he was director, and for eight years president 
of the Madison Mutual Insurance Company. General Boyd was a Democrat 
during his early career and as such was elected to the convention wherein 
he was on the committee on the executive provisions. In 1856 he joined the 
Republican party, and thereafter gave it his hearty support. For forty-seven 
years he was a deacon in the Congregational Church and taught in Sunday 
School. A man of great probity and honor, his home was the seat of a wide 
hospitality, and he was one of the best known residents of Walworth County 
until his death, January 28, 1892. A. C. Beckwith, History of Walworth 
County (Indianapolis, 1912), ii, 989-90. 


Prerer A. R. BRACE was a native of New York, born about 1821. After 
having studied law he came West to practice and established himself at 
Prairie du Chien, where he was elected by the Democrats to the convention. 
Not long afterwards he left Prairie du Chien. His later history is not 
known. We was not living in 1878. Tenney and Atwood, Memorial Record. 


Hiram Brown was born September 23, 1803, in Somers, Tolland County, 
Connecticut. At an early age he removed to central New York and was 
there employed on a farm and in a cotton mill. Later he taught school 
both in New York and in Pennsylvania. In 1836 he removed to Wisconsin 
and settled near the log house of his brother-in-law, John Inman, not far from 
Janesville. The first winter at this new home was one of serious hardships; 
nevertheless the pioneers persevered and in 1838 arranged a school in which 
Mr. Brown became the first teacher in Rock County. He was likewise deputy 
assessor, tax collector, and justice of the peace. In 1840 he bought land in 
Albany Township, Green County, and thereafter made that place his home. 
He was a Democrat in politics and in the constitutional convention served 
on the revision committee. In middle life he studied law, was admitted to 
the bar, but never ceased to be an agriculturist. Some time after 1877 he 
sold his Green County farm and removed to Nebraska, where he died at an 
advanced age sometime after 1884. History of Green County, Wisconsin 
(Springfield, Ill., 1884), 230-38, 283. 


CuarLes E. BRowNE was born January 16, 1816, at Granville, Washington 
County, New York. He received a common school education. At the early 
age of seventeen he left home and spent two years in Troy and New York City. 
In 1835 he came to Chicago, where he taught school for a few months. In 
February, 1836, he walked to Milwaukee and soon after took up land in 
Granville Township, where he lived for twenty-nine years. He was school 
commissioner and supervisor of his township in 1840, doorkeeper of the as- 
sembly of 1841, and sergeant at arms for those of 1842 and 1848. In 1845 he 


THE CONSTITUTION OF 1846 763 


was 2 representative of Milwaukee in the territorial legislature. In politics 
Mr. Browne was a Democrat; he was elected on that ticket to the constitu- 
tional convention. In 1849 he was state commissioner of school lands. At 
the close of the Civil War Mr. Browne removed to Illinois, where in 1866 he 
was trustee of the village of Evanston. Later he was representative of the 
Northwestern Mutual Life Insurance Company at Grand Rapids, Michigan. 
He was married in New York City June 6, 1850. He died at the home of 
his son-in-law at Glencoe, Illinois, October 1, 1895. Wis. Hist. Soc., Proceedings, 
1892, 37. 


CHARLES BuRCcHARD was born January 1, 1810, at Granby, Massachusetts, 
a son of Jabez Burchard, a Revolutionary soldier. In early life the younger 
Burchard removed to western New York, where he took an active part in the 
formation of the Liberal party. In 1844, however, he determined to support 
Henry Clay; his letter conveying that decision became at the time a noted 
campaign document. After Clay’s defeat, Mr. Burchard removed in 1845 to 
Wisconsin and settled at Waukesha, whence he was elected as a Whig to the 
constitutional convention wherein he served on the committee on the fran- 
chise. In 1853 he removed to Mayville, and the succeeding year to Beaver Dam 
in Dodge County. Two years later he represented his district in the state 
assembly. During the Civil War he was a member of the enrollment board 
with rank of major. He died April 1, 1879 at his home in Beaver Dam. 
Wis. Hist. Colls., ix, 483; History of Dodge County (Chicago, 1880), 351-52; 
Manuscript record. 


THOMAS PENDLETON BURNETT was born September 3, 1800, in Pittsylvania 
County, Virginia. When a child he removed to Spencer County, Kentucky, and 
there fitted himself for a legal career. After being admitted to the bar he was 
for two years district attorney at Paris, Kentucky. In 1829 he was seriously 
injured during a fire in that city; after recovery he accepted the subagency 
for Indians at Prairie du Chien. Thither he came early in 1830, and as a 
subordinate to General Joseph P. Street was very active during the Black 
Hawk War. Mr. Burnett combined his official duties with the practice of 
law and therein incurred the animosity of some army officers who in 1834 
secured his removal from the agency. ‘Thereafter he gave all of his time 
to his practice and to the political life of the new territory. Mr. Burnett 
was president of the last session of the Michigan territorial legislature, which 
met in December, 1835, at Green Bay. He was a prominent candidate for 
secretary of Wisconsin Territory in 1836, but another was preferred in the 
councils at Washington. In 1838 he was defeated as candidate for Congres- 
sional delegate. Albout this time he removed to Grant County, where he 
lived first at Cassville and later on a farm at Patch Grove. He was the 
first reporter of the Wisconsin Supreme Court; about the year 1840 he made 
the first compilation of its decisions. In the territorial legislatures of 1845 and 
1846 he was a representative from Grant County. He ran for and was elected 
delegate to the constitutional convention on an independent ticket. He had 
been in attendance but a few weeks when illness in his family summoned him 
home. His mother died November 1, 1846, and five days later both Mr. 
Burnett and his wife passed away. His death in the prime of life was a loss 


764 WISCONSIN HISTORICAL COLLECTIONS 


to the territory. His name is perpetuated in a northwestern county of Wis- ; 
consin. Reed, Bench and Bar of Wisconsin, 429; State Bar Association 
Proceedings, 1881, 167-68. 


ANDREW BURNSIDE was a western pioneer surveyor who had been in active 
service on many frontiers. He was born of Scotch parentage in 1786 in 
Laurens district, South Carolina. His father was a Loyalist, who had retired 
to Jamaica after the Revolution, but who had returned to South Carolina just 
before Andrew’s birth. The elder Burnside died in 1798, and his widow with 
four sons, among whom was the father of General Ambrose HE. Burnside, re- 
moved about 1813 to the new territory of Indiana, after having manumitted all 
their slaves. Andrew Burnside lived in several sections of Indiana, surveyed 
in Knox and Laporte counties, and laid out the site of Michigan City. About 
1840 he began to survey in Illinois and Wisconsin, and in 1842 removed his 
home to Freeport in the former state. Three years later he bought a farm 
in Lafayette County, Wisconsin; the next year he was elected to the con- 
stitutional convention from that county as a Democrat. In that body he 
served on the finance committee. Later he was employed as a surveyor in 
northeastern Wisconsin, on Peshtigo River, and in northern Minnesota. His 
last years were passed at the home of his son, Captain J. O. P. Burnside of 
Freeport, Illinois, where he died in January, 1868. Tenney and Atwood, 
Memorial Record, 53-55; Ben Perley Poore, Life of Ambrose E. Burnside 
(Providence, 1882), 18-21; Manuscript record. 


DANIEL RAymonp Burr was a Grant County pioneer landholder, having in 
1835 bought 2,000 acres in Waterloo Township, where he planned to develop 
the water power. Mr. Burt was born of New England ancestry February 29, 
1804, in Florida, Montgomery County, New York. In May, 1827 he removed 
to Gntario and three years later settled at Tecumseh, Michigan. Wrom there 
he came to Wisconsin, where with much energy he devoted his time to 
opening roads and developing civilization in its southwestern portion. He 
built saw- and gristmills on the streams near his home, encouraged agricul- 
ture, and began maunfacturing. He served in the territorial legislatures of 
1840-42 and 1847-48, usually voting with the Whigs. In 1866 he removed to 
Dunleith, Illinois, where he developed the Burt Machine Works, one of the 
largest producers of agricultural machinery. The town of Burton, in Grant 
County, laid out in 1876, was named for Mr. Burt. In later life he was fond 
of recalling the incidents of pioneer days, and enriched the histories of Grant 
County with his reminiscences. He died suddenly while traveling Janu- 
ary 7, 1884, and was buried at his home in Dunleith. History of Grant 
County (Lancaster, 1900), 29-30, 719-21. 


James Bruce CARTTER was born January 13, 1815 at Rochester, New York, 
In 1834 he migrated to Michigan, whence in 1845 he removed to Kenosha 
County, then a part of Racine, which he represented as a Democrat in the 
constitutional convention. In 1848 he was colonel of a militia regiment. In 
1855 Mr. Cartter removed with John F. Swift and family to the vicinity of 
Black River Falls, in Jackson County. The remainder of his life was passed 


THE CONSTITUTION OF 1846 765 


in Jackson County, where he died October 30, 1897. Black River Falls Badger 
State Banner, November 4, 1897; Manuscript record. 


James CHAMBERLAIN emigrated in 1817 from England, where he was born 
March 13, 1791. After a few years in New York City he removed to Hartford, 
Connecticut, and thence in 1838 to Rock County, Wisconsin. Mr. Chamber- 
lain was a builder as well as a farmer and aided in erecting Rock County’s 
first courthouse and several of its early bridges. In the convention he voted 
with the Democrats, serving on the committee on state admission. He was 
township supervisor in 1849, and lived an honored and useful life on his farm 
until his death there September 10,1874. W. F. Brown, History of Rock County 
(Chicago, 1908), 848. 


Horace CHASE was one of Milwaukee’s earliest pioneers. He was porn 
December 25, 1810, at Derby, Orleans County, Vermont, and worked on his 
father’s farm until he was seventeen years of age. Then, an accident in the 
hayfield making physical effort difficult, he began clerking in Vermont, 
Boston, Canada, and later in New York City. In the latter place he made 
the acquaintance of P. F. W. Peck, who about the year 1833 induced Mr. 
Chase to come to Chicago. Here he worked for John H. Kinzie and other 
early merchants, finally entering a partnership with Archibald Clybourn. 
In December, 1834 Mr. Chase made his first trip to Milwaukee, preémpted land, 
and returned to Chicago. Thence in March, 1835 he removed permanently to 
Milwaukee, built a store at the mouth of the river, and made the south side 
of the future city his home. Mr. Chase was one of the Democratic delegates 
to the convention from Milwaukee County. He and his brother Dr. Enoch 
Chase were largely instrumental in the development of Milwaukee. The former 
was elected mayor in 1862 and served twelve years as alderman. He was 
a member of the first state legislature, first president of the Old Settlers’ 
Club, and always interested in the growth and welfare of his adopted city. 
There he died September 1, 1886, and is buried in Forest Home Cemetery, 
the site of which he first traversed in 1834. James S. Buck, Pioneer History of 
Milwaukee (Milwaukee, 1876), 37-40; United States Biographical Dictionary 
(Wisconsin volume, 1877), 234-37. 


Warren CHASE was born January 5, 1813, in Pittsfield, New Hampshire. 
An orphan at an early age, he secured an education with much difficulty, but 
haying a quick, original mind he thought and read widely. After five years 
in Michigan, Mr. Chase in 1838 brought his family to Wisconsin and setiled 
at Southport. During the winter of 1843 the lyceum at Southport discussed the 
theories of the French socialist, Charles Fourier. In 1844 under the leader- 
ship of Warren Chase these theories were tested by the formation of the 
Wisconsin Phalanx, a codperative community. Land was purchased for the 
enterprise in Fond du Lac County and the settlement of Ceresco was begun. 
The community was abandoned in 1850. Three years later Mr. Chase removed 
to Battle Creek, Michigan, then to St. Louis, from there to Santa Barbara, 
California, and finally to Cobden, Illinois, where he died February 25, 1891. 
Mr. Chase served in both constitutional conventions, in the first state senate, 
and in 1850 was Free-soil candidate for governor. At St. Louis in 1872 he 


766 WISCONSIN HISTORICAL COLLECTIONS 


was chosen as a presidential elector; and in 1880 he was elected to the 
California senate. Mr. Chase was a fluent lecturer and spoke much for anti- 
slavery, temperance, and other reforms. He was in later life a spiritualist 
and always a radical in his point of view. His autobiography is entitled 
Life Line of the Lone One (Boston, 1858). §. M. Pedrick, “The Wisconsin 
Phalanx at Ceresco” in Wis. Hist. Soc. Proceedings, 1902, 190-226. 


WintiAM Henry CLARK was born June 16, 1812 in Madison County, New 
York, and educated at Hamilton Academy, where he was a fellow student with 
William Pitt Lynde and Harlow Orton. He removed in 1842 to Wisconsin, 
settled at Prairie du Sac, and there taught school during the first winter. He 
was a lawyer of ability, the only representative of Sauk County in the first 
constitutional convention. In politics he was a Democrat, and in the con- 
vention was a member of the committee on municipal corporations. He lived 
for many years at Baraboo; sometime in the seventies he removed to Wood 
County, where he died September 14, 1879, at Dexterville. State Bar Associa- 
tion Report, 1881, 257; History of Sauk County (Chicago, 1879), 457-58. 


SAMUEL T. CLorHIER, a native of Massachusetts, as a Democrat represented 
the Cold Spring district of Jefferson County in the convention. In that body 
he was not a member of any of the standing committees. He seems to have 
removed soon afterward from the state, and his later history is unknown. 
Tenney and Atwood, Memorial Record. 


Epwarp P. Coomss, who represented Richland County in the convention, 
was the brother of John Coombs, first permanent settler in that county. The 
brothers were natives of Devonshire, England. Edward emigrated to the 
United States before the War of 1812 and took part in that struggle for his 
adopted country. After the war he settled in Fayette County, Pennsylvania, 
whence in 1834 he came West to the lead mines and entered lands in Lan- 
caster Township, Grant County. Mr Coombs was so well pleased with Wis- 
consin that the next year he brought his family, consisting of wife and six 
children, to their new home in Wisconsin. In 1838 John Coombs crossed the 
Wisconsin River and explored the Richland County region; in 1840 he per- 
suaded his brother Edward to accompany him, and the two built the first 
cabin in that county. Edward Coombs never moved his family from Lan- 
caster, but he spent part of each year at his new residence. During the 
winter he worked at his trades of carpentering and blacksmithing, and left 
near Lancaster many specimens of his skill. He died near Lancaster in March, 
1849. History of Grant County (Chicago, 1879), 558-59; History of Crawford 
and Richland Counties (Springfield, 1884), 769-70. 


Joun Cooper was born in 1810 in the state of New York. Some time before 
1842 he removed West and settled on a farm in Greenfield Township, Milwau- 
kee County. In 1842 he was commissioner of highways, and in 1846 was elected 
on the Democratic ticket to the constitutional convention wherein he was 
appointed to the committee on legislature. Mr. Cooper was a prominent 
Baptist, a pioneer member of the Greenfield Baptist church. He lived a long 


JAMES DUANE Dory 


From an oil portrait in the Wisconsin Historical Library 


; 7 THE CONSTITUTION OF 1846 767 


‘life of quiet usefulness, and died at his son’s home in North Greenfield (now 
OW est Allis) early in December, 1901. Milwaukee Journal, December 5, 1901. 


_ Horewert Coxe was born at Northumberland, Pennsylvania, June 28, 1812. 
_ At twenty years of age he began the study of law at Williamsport in the 
same state, and in 1838 was admitted to the bar. In 1842 Mr. Coxe removed 
_ to Kentucky and three years later sought a new home in Wisconsin Territory. 
A few months were spent in Milwaukee; in 1846 he settled at Cedarburg. In 
the autumn of that year Mr. Coxe was chosen probate judge; this office he held 
for eight years. During that time he was elected as a Democrat to the con- 
stitutional convention and served on the finance committee. At the expira- 
tion of his judicial term he removed to Hartford, in Washington County. 
Thence he was sent to the state legislature of 1857. He continued the practice 
of law at Hariford until his death, June 16, 1864. Mr. Coxe was recognized 
as a lawyer of ability, and his comparatively early death was a loss to the 
Wisconsin bar. State Bar Association Proceedings, 1881, 253. 


Joux CrawrorD was born December 4, 1792, in Worcester County, Massa- 
chusetits, of Scotch-Irish ancestry. Early in the nineteenth century the 
Crawfords removed to Chester, Vermont. After his mother’s death in 1810 
young John left home and was for several years a sailor on the St. Lawrence 
and the Great Lakes. He made his home in St. Lawrence County, New York, 
married there in 1814, and served in the state militia, rising through the 
several ranks to that of major general. In 1836 General Crawiord removed 
to Michigan City, Indiana. The same year he visited Milwaukee and became 
interested in a company for a lake steamboat; this steamboat he obtained at 
Detroit, and on June 14, 1837 arrived in it at Milwaukee. It was the first 
vessel to enter the river and dock as far north as the present Chestnut Sireet 
at Kilbourn’s wharf. That autumn, however, the Detroit was wrecked off 
Kenosha; thereafter General Crawford was employed by Byron Kilbourn in 
navigating a harbor vessel. On his second visit to Milwaukee in 1837 General 
Crawford entered a claim for land in Wauwatosa Township, which became 
his permanent home. He was a member of the territorial legislature in 1846 
and in that of the state in 1854. Waving been elected io the constitutional 
convention on the Democratic ticket for Milwaukee County he was placed on 
the militia committee. In 1866 he was a county supervisor. In ail offices he 
acted with fidelity and energy. He died March 25, 1881 at his home in 
Wauwatosa. History of Milwaukee (Chicago, 1881), 1639; Manuscript record. 


Tuomas Ceuson was born in Mason County, Kentucky, December 10, 1302. 
At the age of twenty-two he left home for St. Louis, and two years later 
ascended the Mississippi to the lead-mining region, where he became one of 
Wisconsin’s early prospectors. Early in 1827 he was at New Diggings, where 
he enlisted during the excitement over the Winnebago outbreak in Dodge's 
company of rangers. By 1829 Mr. Cruson had removed to Platteville, where 
three years later he married, and became one of the town’s leading citizens. 
He was elected to the territorial assemblies of 1838, 1839, 1840, 1845, and 1846, 
and was also commissioner for Grant County. Im politics Mr. Cruson was a 
Whig; in the convention he served on the amendments commiitee. In all 


— 


768 © WISCONSIN HISTORICAL COLLECTIONS 


official positions he acted with prudence and ability. In 1850 he emigrated to 
the gold fields of California, and there in 1853 his family joined him. He died 
October 16, 1882, at Placerville in that state. History of Grant County (Chicago, 
1879), 677; Manuscript record. 


Witt1amM M. DENNIS was born in Rhode Island in 1810. In 1837 he came 
West with some capital, and after a few months in Milwaukee decided to 
locate at Watertown where he became the first postmaster. Mr. Dennis was 
elected to the convention as a Democratic delegate from Dodge County and 
worked energetically on the committee on education. In 1848 he was elected 
to the first state senate, and in 1853 was returned for the assembly. In 1854 
Mr. Dennis was appointed bank comptroller for the state and held the office 
for four years. At the expiration of his term he becamie president of a 
Watertown bank and was for many years engaged in financial matters. In 
1862 he was mayor of Watertown. His connection with the Watertown rail- 
way bond cases made him somewhat unpopular in that city, and after the 
Civil War he never again held public office. He died at Watertown July 18, 
1882. Wisconsin Souvenir from Johnson and Fuller (binder’s title, Madison) ; 
Wis. Hist. Soc. Proceedings, 1916, 279, 281, 285-87. 


NATHANIEL DICKINSON was born December 20, 1810, at Calais, Vermont, to 
which place his father had removed twenty years previously from Massa- 
chusetts. The elder Dickinson was a veteran of the War of 1812. His son grew 
up in Vermont, became a carpenter and builder, and prosecuted his trade at 
Boston in 1836, and at Haverhill, New Hampshire, from 1837 to 1843. In the 
latter year he removed to Wisconsin and settled with his family at Burlington, 
Racine County. There he was justice of the peace, and town supervisor for 
four years, two years of this time serving as chairman. To the convention he 
was elected as a delegate and served on the committee on boundaries. While 
at Burlington Mr. Dickinson enrolled in the state militia and was commis- 
sioned captain. In 1854 he removed to Walworth County, living in Spring 
Prairie for six years, in Delavan for three, finally becoming a resident of Hlk- 
horn, where he died March 14, 1883. Tenney and Atwood, Memorial Record, 70; 
Manuscript record. 


JaMES DUANE Dory, the first United States judge in preterritorial Wis- 
consin, was born November 5, 1799 at Salem, Washington County, New York. 
In 1818 he removed to Detroit; the next year he was admitted to the territo- 
“al bar. During his residence at Detroit he was secretary of the exploring ex- 
pedition undertaken in 1820 by General Cass, through Lake Superior to the 
headwaters of the Mississippi. The following year Mr. Doty visited Washing- 
ton and was admitted to the United States Supreme Court. During his stay 
at Detroit he was a member of the territorial council and clerk of court. In 
1823 he received the appointment of judge for the territory west of Lake 
Michigan, and the following year removed his family to Green Bay. His first 
term of court was held at Prairie du Chien, and for nine years he rode the 
circuit throughout what is now Wisconsin. In 1832 he was superseded be- 
cause of a change in the federal administration. He was, however, soon 
appointed road commissioner to lay out the military road from Fort Howard 


BIOGRAPHICAL SKETCHES 769 


to Fort Crawford. In 1834 he was elected to the territorial council of Mich- 
igan. About that time he began to make large investments in Wisconsin 
land; and in 1836 he persuaded the first territorial legislature to locate the 
capital upon his land at Madison. Two years later Mr. Doty was elected dele- 
gate to Congress and in 1839 was reélected for two years. At the expiration 
of his term he was appointed by President Tyler governor of Wisconsin, and 
served for three years. His career as governor was a stormy one, since he 
had difficulties with the legislature that almost resulted in a deadlock. After 
retiring from the governorship he was commissioner for holding Indian 
treaties. In 1846 he was a member of the first constitutional convention from 
Winnebago County, acting as chairman of the committee on boundaries. In 
1849 he was elected to Congress from the third district of Wisconsin. ‘Gov- 
ernor Doty in 1838 removed his home to what is now Fond du Lac ‘County, 
settling at Taycheedah; during his incumbency as governor he lived in Mad- 
ison; in 1844 he had a “Grand Loggery” built on Doty’s Island, Menasha, and 
thither in 1845 he removed his family to the log dwelling that still stands in 
the present Island park. Thence in 1861 he went to Salt Lake City as super- 
intendent of Indian Affairs; he did not remove his family to that place until 
1863 when he was appointed governor of Utah. ‘There he died June 13, 1865. 
Wis. Hist. Colls., v, 369-77. 


JEREMIAH DRAKE was one of the older members of the convention, having 
been born in Ulster County, New York, March 28, 1784. In early life he re- 
moved to Herkimer County and was there occupied with farming, lumbering, 
and milling. As a friend of Governor DeWitt Clinton, Mr. Drake was interested 
in the building of the Erie Canal and was superintendent of contracts for a 
portion of its length. In 1842 he removed to Wisconsin, Settling the succeeding 
year at Columbus, where he operated a gristmill. In the convention he 
represented Columbia County as a Whig, serving actively on the committee 
on education. Mr. Drake rose to the rank of colonel in the state Militia, and 
was influential in the growth of his home town of Columbus, where he died 
December 6, 1868. History of Columbia County (Chicago, 1880), 511. 


ABEL DUNNING was a native of Webster, Monroe County, New York, where 
he was born February 17, 1811. He grew up on a farm, was married in 1838, 
and the next year removed to Wisconsin, where on July 7 he broke the first 
land in Madison Township, Dane County. He lived on his farm until his 
death May 13, 1881. Retiring in habit, he held only county and town offices, 
except for his service in the constitutional convention to which he was elected 
as a Democrat and wherein he served on the committee on the preamble. 
History of Dane County (Chicago, 1880), 83'2. 


ELIsHA W. EpcERTON was one of several brothers who, as Pioneers of Wis- 
consin, assisted in building up its agricultural interests. Elisha was born 
June 26, 1815, at South Coventry, Connecticut. When a boy of nine years 
he removed to New York State, whence in 1835 he came West. After 
stopping a few months in Chicago he proceeded to Milwaukee, where he 
obtained a clerkship in Solomon Juneau’s store. The next spring Mr. 


49 


770 WISCONSIN HISTORICAL COLLECTIONS 


Edgerton accompanied Juneau on a trading and exploring journey as far as 
Rock River. A year or two later he took up land for a large farm in 
Summit, Waukesha County, and there built up a model farm. In the conven- 
tion Mr. Edgerton served on the committee on boundaries. In politics he 
was a Democrat, but cared more for agriculture than for public office. In 
1860 he was awarded a prize by the Agricultural Society for the best farm in 
the state upon which he also initiated sheep raising and dairying. In 1864 
he sold his farm and returned to Milwaukee, where he lived until his death, 
April 15, 1904. In 1868 he was elected for one term to the state legislature. 
For many years he was a leader in the State Agricultural Society, and was 
at one time its president. Milwaukee Sentinel, April 16, 1904. 


Prrts ELLIS was born February 29, 1808 in Murray, Genesee County, New 
York. In 1832 he migrated to Michigan, living at Niles and Tecumseh. About 
the year 1839 he removed to Wisconsin, settling first at North Prairie, later 
at Genesee in Waukesha County. In 18438 he built the first frame house in the 
latter place, which remained his home until his death, February 1, 1875. He 


was first justice of the peace for Genesee, chairman of the board of town 


supervisors, and a member of the territorial legislature of 1845. In the con- 
stitutional convention he served on the committee on admission, having been 
elected on the Democratic ticket to represent Waukesha County. Theron W. 
Haight, Memoirs of Waukesha County (Madison, 1907), 85. 


Anprew HE. Excmore was born in Ulster County, New York, May 8, 1814. 
His mother died at his birth, and the boy was brought up by an aunt, 
had the education the village afforded, and assisted his father in the store. 
When he was twenty-five years of age he determined to go West, and ar- 
rived in Milwaukee during the summer of 1839. In, October he opened a 
trading establishment at Mukwonago, largely for Indians, whose language 
the young Hasterner learned, and whose friend he became. Mr. Hlmore re- 
mained at Mukwonago twenty-four years; he was its first postmaster, serving 
as such 1840-49, 1853-57; he was in the territorial assemblies of 1842 and 
1843, and in the state assembly of 1860; he was chairman of the Waukesha 
County board of supervisors for twelve years. Mr. Elmore was in early days 
a Whig, and his political party was in the minority in Wisconsin. His personal 
popularity, however, elected him to the convention, in which he served on the 
committee on revision and adjustment. He was, moreover, so warm a 
personal friend of Governor Dodge and other leading Democrats that his 
advice was freely sought, and he was chosen for many positions of trust. 
His title, the “Sage of Mukwonago,” given at first in jest, became an honored 
sobriquet. During his membership in the constitutional convention he was 
influential in securing the provision for an elective judiciary. From 1862 
to 1864 Mr. Elmore served as bank register in the state bank comptroller’s 
office, and in 1871 he was appointed on the state board of charities and re 
forms, a position he held for twenty-one years, and wherein he found his 
life work. He was influential in organizing the National Conference of 
Charities and Corrections and presided over its sessions in 1882. His latter 
years were passed at Fort Howard, whither he removed in 1863, and where 


} 
} 


BIOGRAPHICAL SKETCHES 771 


he died June 13, 1906. “Reminiscences of the Late Andrew E. Elmore” in 
Wis. Hist. Soc. Proceedings, 1910, 190-204. 


GARRETT M. FITZGERALD was born May 21, 1806 in Killarney County, Ireland. 
He came to America when quite young, and lived for some years in New York 
City. In 1841 he came West setiling in Milwaukee County. He was a member 
of both constitutional conventions and in each served on the committee on 
education. A Democrat in politics, Mr. Fitzgerald in 1850 was a representative 
in the state legislature, at one time deputy sheriff for Milwaukee County, and 
in 1852 the county treasurer. He died at his home near Milwaukee Septem- 
ber 24, 1859. Manuscript record. 


HAYNES FRENCH was a well-known farmer of Somers Township. Kenosha 
County, who early emigrated from Vermont, where he was born in 1808. As 
a Democrat Mr. French represented in the convention Racine County, which 
then included all of Kenosha. He died at his home in Somers Township 
about the year 1872. Tenney and Atwood, Memorial Record, 80. 


BENJAMIN FULLER was born in 1799 in Warren, Litchfield County, Con- 
necticut. He removed in 1832 to central New York, and eight years later 
came to Wisconsin. He passed the first winter at Lima, near Whitewater; 
in 1845 he settled in Rutland Township, Dane County, where he died in 
1850. He represented his district in the convention as a Democrat, serving on 
the committee on eminent domain. Tenney and Atwood, Memorial Record, 
80-81. 


Mosses 8. Gisson was born in 1816, in Livingston County, New York. Coming 
West in 1844 he landed at Sheboygan and took the trail through the woods 
to Fond du Lac. There he determined to remain with his stock of goods. He 
represented Fond du Lac County in the convention; a Whig in politics he 
was active on the banking committee. In 1847 Mr. Gibson was a member of 
the territorial legislature. Two years later he was appointed receiver of public 
money for the St. Croix district. In 1850 he was one of those who laid out the 
town of Hudson, where he made his home. From 1855 to 1861 he was 
cashier of a bank at Hudson. Upon the outbreak of the Civil War he became 
a paymaster and was stationed during most of the war at St. Louis. In 
1878 he was appointed to a clerkship in Washington, and there he passed the 
remainer of his life, dying about 1904. Tenney and Atwood, Memorial Record, 
81-82; Manuscript record. 


Davip GippInes was born July 24, 1806 at Ipswich, Massachusetts, his 
father Joshua being a kinsman of Joshua R. Giddings, the Ohio abolitionist. 
David was educated at the grammar school of his native place, and studied 
surveying and civil engineering. In 1835 he came West to carry on his pro- 
fession, reaching Wisconsin via Chicago and Milwaukee. Having arrived at 
Green Bay July 4 of that year he was soon engaged to lay out the town of 
Astor. Thence he went with Franklin Hathaway to survey several townships 
in Racine County. In 1837 when surveying in Sheboygan County Mr. Giddings 
concluded to make that region his home; the next year he bought the 


(72 WISCONSIN HISTORICAL COLLECTIONS 


sawmills at Sheboygan Falls and began lumbering operations on a large scale. 
When the territorial road was run from Chicago to Green Bay he surveyed it 
gratuitously through Sheboygan County in order that it should pass through 
Sheboygan Falls. Mr. Giddings was a Whig in politics and was a member of the 
territorial legislature from 1840 to 1842, and after the organization of Sheboy- 
gan County was for two years probate judge. He was Sheboygan County’s 
sole delegate to the first constitutional convention, wherein he served on the 
committee on the bill of rights. In 1863 he bought the Macy farm in Empire 
Township, Fond du Lac County, which at first was managed by his eldest 
son. In 1874 Mr. Giddings removed thither with his family and thereafter 
made this place his home. In 1878 he was a candidate of the Greenback 
party for Congress. The latter years of his long life were spent at the home 
of his son Howard in Sheboygan Falls. There he died October 26, 1900, at 
the age of ninety-four. Portrait and Biographical Record of Sheboygan 
County (Chicago, 1894), 696-99; Milwaukee Sentinel, October 27, 1900. 


James Gr~MorE was born in Vermont in 1786. In early life he removed to 
Chautauqua County, New York, where in 1811 his son Lysander was born. 
In 1827 he removed his family to Grant County, Wisconsin, and opened the first 
farm in what is now known as Jamestown Township. ‘The postoffice at 
Jamestown village, of which he was for some time postmaster, was named for 
Mr. Gilmore by George Wallace Jones, delegate to Congress. In 1836 Mr. 
Gilmore was one of three commissioners appointed to locate the seat of 
government of Grant County. After his services in the first constitutional 
convention, he was chosen to represent his district in the first state assembly. 
He died in 1859. History of Grant County (Chicago, 1881), 821. 


LEMUEL GOODELL, who represented Calumet County as a Democrat in the 
convention, was born at Pomfret, Wyndham County, Connecticut, November 27, 
1800. He was a farmer’s boy, but at the age of fifteen left home, taught 
school winters, and worked on a farm summers. For a short time he kept 
a store at Alexandria Bay, New York; thence in 1828 he removed to Detroit 
where his elder brother Nathan was living. Soon after reaching Detroit Mr. 
Goodell ran for the office of constable and was elected. Afterwards he served 
as sheriff of Wayne County. About the year 1842 he came to Wisconsin and 
lived for several years at Green Bay. Not long before the convention Mr. 
Goodell bought a farm at Stockbridge, Calumet County, and there lived 
the remainder of his life. He was requested to stand for election to the 
second constitutional convention but declined to do so. In the first convention 
he was appointed on the committee on boundaries. In 1848 he was a-member 
of the first state legislature, and in 1849-50 a senator. He died at his home in 
Stockbridge, April 9, 1897. Milwaukee Sentinel, April 13, 1897. 


Henry C. Goopricu, a Democrat in politics, represented in the convention 
Portage County, then unorganized, the inhabitants of which were the Indian 
traders and lumbermen of Wisconsin River. Mr. Goodrich was born in 
1815 in St. Lawrence County, New York. He came West about 1840, and in 
1842 was a school-teacher at Belvidere, Illinois. In 1844 he went to Big 
Bull Falls on the Wisconsin where he began lumbering operations. In 1850, 


BIOGRAPHICAL SKETCHES 773 


in partnership with Patrick Fenelly, he built a large sawmill at the Falls. 
In the panic of 1857 he lost his property, and soon thereafter went to Belton, 
Texas, where he lived on a farm for fifteen years. Then, having sold his 
property in Texas, he removed to Grand Island, Nebraska. He died in 1884 at 
Omaha, and is there buried. Manuscript record. 


Euigu BERNARD GOODSELL was a deScendant of a Connecticut family which 
removed to Vermont before the American Revolution; his grandfather was 
killed in the battle of Bennington. Elihu was born May 11, 1806 at the 
family home in Sheldon, Franklin County. He received a good education, and 
in 1832 sought his fortune in the lead mines of the West. He spent some 
months at Quincy and in 1833 assisted Antoine LeClaire in removing the 
Sauk Indians from the neighborhood of Dubuque. The next year found Mr. 
Goodsell prospecting in Wisconsin; he was at Mineral Point when Judge 
Doty held court there in the summer of 1834. Having found some promising 
leads in Highland, Iowa County, Mr. Goodsell bought land there, and began 
both mining and farming operations. He was the first settler at the present 
village of Highland, which in 1845 he laid out as a town, and where he was 
postmaster for many years. In the convention, to which he was elected as 
a Democrat, he served on the committee on eminent domain. He was the 
representative of Iowa County in the state legislatures of 1865 and 1866. 
He died November 22, 1880 at his home in Highland. History of Iowa County 
(Chicago, 1881), 800; Manuscript record. 


WALLACE Witson GRAHAM was born September 16, 1815 in Crageycroy, 
County Armagh, Ireland. When he was but three years old his parents 
emigrated to America, landing at Quebec, and soon thereafter made their 
home at Ashtabula, Ohio. There Wilson Graham grew up, studied law, and 
on August 25, 1837 was admitted to the bar. In 1838 he decided to remove to 
Milwaukee, where in 1840 he formed a partnership with Levi Blossom, a 
pioneer Milwaukee lawyer. In 1846 Mr. Graham, who was a Democrat, was 
elected to represent the third ward of the city in its first common council 
under the charter; the same year, as a delegate to the constitutional con- 
vention, he aided in determining the educational provisions of the first 
constitution. In 1852 Mr. Graham was a member of the state legislature; and 
in 1856 prosecuting attorney for Milwaukee. From 1856 to 1864 he was in 
partnership with D. A. J. Upham in the firm of Upham and Graham. Later 
he became the senior member of the firm of Graham and Koeppen; aiter 
1885 Mr. Graham practiced alone. He died in a hospital at Milwaukee, 
October 13, 1898. Berryman, Bench and Bar of Wisconsin (Chicago, 1898), i, 
577. 


BENJAMIN GRANGER, who was one of the delegates from Dodge County, on 
the Democratic ticket, was a native of Vermont and but twenty-eight years 
old at the time the convention was held. In this body he was on the stand- 
ing committee on the bill of rights. Mr. Granger took up land in Dodge 
County, probably near Hustisford, but later abandoned farming for mercantile 
pursuits. In 1875 he was an accountant, living in Chicago. He had died or 
left Chicago before 1879. Tenney and Atwood, Memorial Record, 87. 


174 WISCONSIN HISTORICAL COLLECTIONS 


NEELY Gray was born February 25, 1810 in Brooke County in the northwest 
panhandle of Virginia (now West Virginia). In childhood he removed across 
the border line into Pennsylvania, and there learned the trade of millwright. 
In 1835 he came West, and on April 4 of that year arrived with No Se 
Virgin at Platteville, where he afterwards made his home. Mr. Gray’s first 
political office was that of representative in the two territorial assemblies 
of 1840 and 1842. A Whig in politics he served in the convention on the 
corporation committee. After his experience in the constitutional convention, 
Mr. Gray visited California, being away from 1849 to 1852. He left his family 
at Madison during his absence, and upon his return settled in that city, 
where he conducted a storage and commission business and later in partner- 
ship with James Conklin had a coal yard. In 1866 Mr. Gray was on the 
board of county commissioners, but resigned before his term expired because 
of ill health. He passed away in Madison May 15, 1867. History of Dane 
County (Chicago, 1880), 528. 


Wirt1am Comstock GREEN was born August 26, 1802 at Berlin, Rensselaer 
County, New York. He lived on his father’s farm until he was grown, when 
he removed to Wethersfield, Wyoming County, New York, and there married. 
In the autumn of 1839 he first visited the West, and bought land in York 
Township of Green County. Thither in 1840 he removed his family, and 
became the second settler in his township. Thence he was elected as a 
Democrat to the first constitutional convention, and was a member of the 
committee on internal improvements. In 1850 Mr. Green was assemblyman 
for his county, and in 1861 was elected county superintendent of schools, an 
office he filled very acceptably for six years. He was known to his sub- 
ordinates as “Old Orthography,” because of his insistence on proficiency in 
that subject. Mr. Green gave two sons to the service of his country, both 
of whom lost their lives in the Civil War. His death occurred at Monroe, 
August 3, 1874. History of Green County (Springfield, Ill., 1884), 1145. 


Joun Hackett was elected to the convention from Beloit. His birthplace 
is unknown; however, in 1836, when twenty-eight years old, he removed to 
Wisconsin from Kelloggsville, Ohio. Mr. Hackett came to Wisconsin in the 
party of Caleb Blodgett, whose daughter Cordelia he had married a short 
time before. Mr. Blodgett bought the claim of Thiebault, the French-Canadian 
trader, thereby becoming the American founder of Beloit. Mr. Hackett kept 
store after 1837, his store building being the first merchant’s establishment 
in Beloit. He early concerned himself with territorial politics, was a firm 
Democrat, and represented his district in the territorial legislatures from 
1840 to 1842. In 1852 he was in the state assembly, and in 1879 was the 
mayor of Beloit. In 1886 he went to California to recruit his health and 
died at Los Angeles, February 5, 1886. His portrait is in W. &. Brown, 
Rock County (Chicago, 1908), 122. 


Grorce B. Hatt was one of ‘the earliest settlers of Lima Township, Rock 
County, having taken up land there in 1837. He was elected to the first 
constitutional convention as a Democrat. A lawyer by profession, in the con- 


BIOGRAPHICAL SKETCHES 775 


vention he served on the committee on boundaries. After that session he 
abandoned law and politics and devoted himself to agriculture. He died 
April 21, 1878 at Owatonna, Minnesota. Tenney and Atwood, Memorial Rec- 
ord, 89. 


James H. Hatz was born in 1813 in Vermont. He early removed to Racine 
County, Wisconsin Territory, which as a Democrat he represented in the 
convention, serving on the preamble committee. His home was in Waterford, 
Racine County, where he died October 27, 1866. Tenney and Atwood, 
Memorial Record, 89; Manuscript record. 


SanForD PARKER HamMMoND was born September 9, 1808 in Ellingten, Tol- 
land County, Connecticut, his mother’s ancestral home. His father was from 
Rhode Island, and the family made their home in Cortland, New York, where 
the father, James Hammond, died in 1822, leaving his son but fourteen years 
of age to make his own way in the world. In 1838 young Hammond married, 
and the next year migrated to Wisconsin, settling first at Johnstown Center, 
Rock County, and removing five years later to Magnolia Township in the 
same county, where he was a pioneer settler. Mr. Hammond represented 
western Rock County as a Democrat in the convention in which he served 
on the committee on corporations. He held, thereafter, only local offices. In 
later life he removed to Evansville where he died October 18, 1881. Tenney 
and Atwood, Memorial Record, 89-90. 


DANIEL HARKIN, born in 1799 in Ireland, was an early settler of what is now 
Kenosha County, then a part of Racine. Mr. Harkin was elected to the conven- 
tion as a Democrat and was a member of the committee on schedule. After the 
convention Mr. Harkin bought a farm in Waldwick, lowa County; from there in 
1868 he removed to the state of Iowa, and lived at Sandyville, in eastern 
Warren County. He died in September, 1875 at Milo in the same county. 
Tenney and Atwood, Memorial Record, 90; Manuscript record. 


Morrts Fanr Hawes was born November 12, 1797 at Warwick, Orange 
County, New York. When very young his father removed to Steuben County, 
in the same state, where the son volunteered, although a mere boy, in the 
War of 1812. In 1818 young Hawes married at Rutland, Vermont, and with 
his bride started for Chautauqua County, New York, where they lived twelve 
years, and where their older children were born. In 1830 Mr. Hawes re- 
moved his family to Hillsdale, Michigan, where after a year or two he 
opened a tavern on the Detroit-Chicago road. In 1837 he determined to 
migrate to Wisconsin, and in August arrived in Richmond Township, Wal- 
worth County, of which he was the first settler, and which he was elected 
to represent as a Democrat in the constitutional convention. Mr. Hawes 
bought land at the Milwaukee land office in 1839, and lived on his farm until 
1857, when he removed to Whitewater, and there died January 13, 1868. He 
was justice of the peace and county commissioner and held several local 
offices. Although elected to the convention he was unable to attend because 
of serious illness in his family. History of Walworth County (Chicago, 1882), 
783. 


776 WISCONSIN HISTORICAL COLLECTIONS 


JaMEs P. Hays was appointed in 1844 Indian subagent at La Pointe, where 
he succeeded the Rev. Alfred Brunson of Prairie de Chien. Mr. Hays came © 
from Pennsylvania, and his salary as subagent was $750. He remained in 
charge of the agency until Wisconsin entered the Union. Because of the dis- 
tance he had to travel, Mr. Hays was twelve days late at the convention; his 
mileage allowance was for six hundred miles. He was a Democrat in poli- 
tics. Tenney and Atwood, Memorial Record, 90-91; United States Register, 
1845-47. 


LorENZO HAZEN was born in 1817 in Copenhagen, Lewis County, New York. 
He was one of nine brothers, several of whom became prominent citizens of 
Wisconsin. During the Harrison-Tyler campaign of 1840 the Hazen brothers 
then living in New York, formed a musical band and electioneered for the 
Whigs. In 1843 the brothers removed to Wisconsin, settling at Oakfield, 
Fond du Lac County. Lorenzo was elected as a Whig to the constitutional 
convention, serving on the committee on municipal corporations. During the 
Civil War he was in service. At its close he studied law and migrated to 
Medford, Steele County, Minnesota, where he served as probate judge from 
1879 to 1892. In 1878 he removed to Owatonna, the county seat, and there 
died November 2, 1894. Minnesota Historical Collections, xiv, 314. 


WitL1aAM R. HEeskK was from Yorkshire, England, where he was born in 1795. 
In the early thirties he emigrated to America and settled for a time at 
Detroit. In 1836 he determined to try his fortune at Milwaukee and soon after 
his arrival became the first settler at the town of Menomonee Falls in north- 
eastern Waukesha County. There he built in 1843 the first tavern, was the 
first postmaster, and chairman of the first town board. In the convention 
where he voted with the Democrats Mr. Hesk was on the committee on powers 
of the legislature. He was a man of much sturdy common sense, and had 
influence in his section of the state. In 1860 he represented Menomonee 
Falls in the legislature. He died at his home June 11, 1878. Wis. Hist. Colls., 
ix, 436. 


FRANKLIN Z. Hicks was born in New York in 1818. He came to Wisconsin 
as a miner, settling at Fairplay, Grant County. There he was elected to the 
territorial legislatures of 1842 to 1845. Grant County likewise sent him to the 
constitutional convention where he voted with the Whigs. In 1857 Mr. Hicks 
platted the village of Avoca in northwestern Iowa County and the same 
year erected a large brick hotel at this place, through which the Milwaukee 
and St. Paul Railway had just been built. In 1861 he was assemblyman 
from Avoca. Soon afterwards he removed to Iowa. The date of his death is 
not known. Tenney and Atwood, Memorial Record, 93. 


LAFAYETTE Hitt was born August 28, 1812 at Burlington, Vermont, where 
he grew up and had a common school education, beginning commercial life 
at the age of eighteen. Two years later he went to Rochester, New York, 
where in 1835 he married and determined to seek his fortune in the West. 
After a year in Chicago, he removed in the autumn of 1836 to’ Milwaukee. 
There he met some Kentucky land speculators who had just platted a town on 


BIOGRAPHICAL SKETCHES 777 


the Wisconsin River, in modern Columbia County. This town, which was 
called Kentucky City, had already received a few votes for the territorial cap- 
ital. Mr. Hill was induced to purchase an interest in this site, and built 
there the first house in 1837. Later the village became known as Dekorra. 
Mr. Hill was its most prominent citizen, first postmaster, justice of the peace, 
on the board of supervisors, assessor, etc.- His house became a well-known 
tavern. His popularity led to his election to the convention as a Whig, 
wherein he served on the committee on preamble. In 1848 Mr. Hill removed 
to section ten of his township, laid out a village, which he named Oshaukuta, 
and built there a tavern of which he was proprietor until his death July 7, 
1853. History of Columbia County (Chicago, 1880), 509-10. 


WitiaM HoLcoMBe was born July 22, 1804 at Lambertville, New Jersey, 
on land upon which his ancestors, of English Quaker stock, had settled in the 
seventeenth century. In 1822 young Holcombe removed to Utica, New York, 
and seven years later to Ohio, living first at Columbus, then at Cincinnati. 
In 1835 he visited St. Louis. Here he became the captain of the steamboat 
Olive Branch plying between that city and Galena. Soon afterwards he re 
moved to Galena, and from there in 1839 to the St. Croix Valley as agent for 
the St. Croix Falls Lumber Company. In 1846 Mr. Holcombe made his per- 
manent home at Stillwater, whence he was elected to the convention as a 
Democrat. He appeared in the convention some days after it had begun and 
devoted himself to obtaining such a boundary as would place the St. Croix 
Valley without the limits of Wisconsin. His action concerning the North- 
west boundary won for him a following in the new territory of Minnesota; he 
was a member in 1857 of its constitutional convention and first lieutenant 
governor (1858-60) of the new state. He was mayor of Stillwater at the time 
of his death, September 5, 1870. Mr. Holcombe was a Presbyterian and a 
strict observer of the Sabbath; when captain of river steamboats he always 
tied up over Sunday. He was president of the Minnesota Bible Society and 
of the State Sunday School Association. He was also for a time chairman of 
the State Normal ‘School Board. His biography with a portrait is in Minnesota 
in Three Centuries (1908), iii, 58. 


Dr. FRANZ HUEBSCHMANN was born in Riethnordhausen, Grand Duchy of 
Weimar, April 19, 1817. He was educated at Erfurt and Weimar and took his 
professional training at Jena where he graduated in March, 1841. The next 
year he emigrated to Wisconsin and settled at Milwaukee where he was the 
first German physician. Dr. Huebschmann was elected as a Democrat to the 
convention, wherein on the committee on suffrage he gave active assistance. 
From 1843 to 1851 he was school commissioner of Milwaukee and in 1848 a 
state presidential elector. Dr. Huebschmann was state senator in 1851-52, in 
1862, and again in 1871-72. During President Pierce’s administration (1853-57) 
he was superintendent of the Northern division for Indians. He also held sev- 


‘eral local offices on the Milwaukee common council and on the county board of 


supervisors. In 1862 he volunteered as surgeon of the Twenty-sixth Wiscon- 
sin, and after a good record was honorably discharged October 1, 1864. He 
died in Milwaukee March 21, 1880. Frank A. Flower, Milwaukee (1881), 1011. 


778 WISCONSIN HISTORICAL COLLECTIONS 


BENJAMIN HUNKINS was born in New York in 1810, grew up on a farm, 
and was twenty-eight years old when he removed to Wisconsin. He bought 
land in that part of Milwaukee County which was afterwards set off into 
Waukesha. The township, at first named Mentor, was in 1840 renamed New 
Berlin. Mr. Hunkin’s sister was the first school-teacher in the town; he 
himself was town chairman in 1842. He was one of the Democratic nominees 
for the constitutional convention; after his election, however, he was detained 
from attending the earlier sessions and had no place on the standing com- 
Mmittees. In 1860 he was a member of the state legislature from this district. 
Some time afterwards Mr. Hunkins removed to Nebraska and settled at Beaver 
Crossing in Seward County. The date of his death is not known. Tenney 
and Atwood, Memorial Record, 97. 


GrorcE A. HYER was one of the most prominent and influential members 
of the constitutional convention, serving on the committee on revision and 
adjustment, as a Democrat. He represented Aztalan Township of Jefferson 
County, which was his home, but during his career as editor and publisher he 
lived in many of the larger centers of Wisconsin’s population. He was born 
at Fort Covington, Franklin County, New York, July 16, 1819. He was ap- 


prenticed to a printer in boyhood, and began his newspaper career on the | 


Ogdensburgh St. Lawrence Gazette. He came to Wisconsin in 1836 as a sur- 
veyor, arriving July 4 of that year at Milwaukee, where he set type on its 
first newspaper, the Advertiser. The following year Mr. Hyer was mail agent 
between Milwaukee and Madison, and November 8, 1838 began his connection 
with the Enquirer at the latter place. In 1842 he went back to Milwaukee to 
publish with Josiah Noonan the Courier. The following year found him once 
more at Madison, a partner in editing the Wisconsin Democrat. In 1847 Mr. 
Hyer edited the Rock River Pilot at Watertown, and in 1848 he became editor 
of the Waukesha Democrat. He remained in Waukesha three years, and in 
1850 represented his district in the state senate. In 1851 he established the 
Commercial Advertiser at Milwaukee which ceased publication three years 
later; then for two years he had an appointment in the United States land 
office at Superior. In 1859 Mr. Hyer was again at Madison where in 1863 he 
was assemblyman. He served as editor of different Madison papers, lived 
for a time on a farm near Beloit, and in 1867 went to Oshkosh to publish the 
Times. There he remained until his death, April 20, 1872; he was buried at 
Madison. Mr. Hyer’s health was always precarious and was one cause of his 
many changes of location; his career is likewise typical of the uncertainties 
of the journalistic profession in early Wisconsin. He (bore an excellent 
character and had hosts of warm friends over the state. His obituary is in 
Wis. Hist Colls., vi, 136-53. 


NATHANIEL FisHEer Hyer, cousin of George A. Hyer, was born March 2, 1807 
at Arlington, Vermont. He was educated at the academy at Potsdam, St. 
Lawrence County, New York. In April, 1829 he began the study of law with 
the Hon. Edwin Dodge of Gouverneur, New York, and was admitted to the 
bar at Utica. He began practice at Massena, New York, but after three years 
he determined, because of ill health, to remove to the West. Accordingly he 


g 


BIOGRAPHICAL SKETCHES (4) 


‘came to Milwaukee in 1836. At a mass meeting held during the summer he 


was nominated judge of probate and justice of the peace, and afterwards ap- 
pointed to these offices iby Governor Dodge. Mr. Hyer also attended the first 
nominating convention and the first railway mass meeting in Milwaukee, and 
held as magistrate the first election in Milwaukee. In the course of survey- 
ing the country Mr. Hyer explored Rock River, fixing upon and naming the 
site of Aztalan as his family home; the next spring a number of his relatives 
emigrated to Wisconsin and began the town of Aztalan. Mr. Hyer married 
in 1840 at Lake Mills. In 1843 he removed to St. Louis as a surveyor. Re- 
turning to Wisconsin in 1845 he bought land in Dunkirk Township, Dane 
County, which he represented as a Democrat in the convention. Mr. Hyer 
was postmaster at Aztalan in 1837 and at Dunkirk in 1847. He was interested 
in internal improvements and served on the standing committee on that sub- 
ject in the constitutional convention. He assisted also in laying out many 
of the territorial roads and in surveying for the Milwaukee and Rock River 
Canal. His health demanded a warmer climate and in 1849 he again removed 
southward, surveyed in Missouri, in Texas, and in Florida, and at the outbreak 
of the Civil War was living near New Orleans. His Unionism brought him 
into conflict with his neighbors, but upon the occupation of the city by federal 
troops he was made assistant engineer. Later the family removed to Amity 
Parish and in 1877 returned to Wisconsin and settled at Fort Atkinson. 
There the pioneer passed his last days peacefully, and there he died September 
12, 1885. Manuscript record. 


IsRAEL INMAN JR. came from Pennsylvania, his family having settled in the 
Wyoming Valley before the Revolution. Several members of the family came 
to Wisconsin at an early date. Israel Inman removed West in 1841, settling 
in Plymouth Township, Rock County, which was his home at the time of his 
election as 2 Democrat to the constitutional convention wherein he served on 
the committee on the legislature. A few years later he joined the California 
gold seekers and died when crossing the plains. Tenney and Atwood, Memorial 
Record, 104. 


THomMaAs JAMES was born in Barren County, Kentucky, August 30, 1815. In 
18383 he sought the lead mines of Illinois, the next year prospected in Wiscon- 
sin, and settled in the town of Shullsburg. There he spent the remainder of 
his life, an honored and respected citizen. In 1839 he married at Dubuque, 
and brought his bride to his Wisconsin home. He was a farmer, miner, and 
merchant, held for many years the office of justice of the peace, and was 
chosen to other local offices. When chosen to the constitutional convention 
on the Democratic ticket of Iowa County, he was appointed to the committee 
on counties and towns. His later life was quietly passed at Shullsburg, where 
he died December 1, 1883. Manuscript record. 


Epwarp H. Janssen, who died at Grafton, Washington County, Wisconsin, 
March 29, 1877, was one of the few German-born members of the convention. 
He emigrated to America at the age of twenty-four and located in May, 1840, 
at Mequon, Washington County, where he was the first school-teacher. He 
soon became a popular leader in his community, and after holding several local 


780 WISCONSIN HISTORICAL COLLECTIONS 


offices was elected to the first constitutional convention, wherein he served on 
the committee on eminent domain. In 1851 he was elected on the Democratic 
ticket to the state treasurership and reélected for a second term. During 
this latter term the misconduct of an assistant involved Mr. Janssen in 
financial difficulties and threw a stigma upon his administration. His per- 
sonal character was upheld by all who knew him. To meet his obligations 
he sacrificed all he possessed and accepted a position as teacher at Cedar- 
burg. There he was so popular and trusted that he was elected in 1872 county 
superintendent of schools, an office which he held until his death. Wis. Hist. 
Colls., viii, 457-58. 


THOMAS JENKINS was one of the Southern men in the convention, having 


been born in March, 1801, in western South Carolina. After some years on the 


frontier in Alabama and Missouri he came with the mining rush in 1827 to 
the lead region to prospect near Dodgeville, where he found ore on a small 
Tun named Jenkin’s Branch. In 1828 he formed a partnership to build a 
smelter, and soon became a prominent citizen of Dodgeville. During the 
Black Hawk War Mr. Jenkins joined Dodge’s Rangers and was severely 
wounded in the hip at the battle of Pecatonica. He recovered after a time, 
and in 1838 was elected to the first territorial legislature that met in Madison. 
Thereafter he was a member of all the legislative sessions until 1842 with 
the exception of that for the winter of 1840-41. As a Democratic delegate to 
the constitutional convention, he served on the committee on the legislature. 
He was also an assemblyman in the first state legislature of 1848. The next 
year during the gold rush he migrated to California and there his wife died 
in 1850. He went in 1864 to prospect in New Mexico and himself died in that 
region two years later. Wis. Hist. Colls., x, 197-98. 


Stopparp Jupp, born in Sharon, Connecticut, May 18, 1797, was educated in 
New York as a physician. In 1819, after graduating from Albany Medical 
College, he was granted a certificate of practice in Dutchess County, and there 
lived until he came to Wisconsin. He served in the New York legislatures 
of 1829, 1835, and 1886. In 1841 he was appointed receiver of the Green Bay 
land office, and held the position about four years. In 1845 he bought property 
at Fox Lake, Dodge County, and thereafter made that his home. Dr. Judd 
was one of the few who were elected to both constitutional conventions. In 
the first he was chairman of the finance committee; in the second he was on 
several special committees. He voted usually in the Democratic ranks. He 
was in the state assembly in 1860 and again in 1865; in 1866-67 he represented 
his county in the senate. He was much interested in railway development and 
became president of the La Crosse and Milwaukee Railway, the second to 
cross the state. He was likewise a prominent Odd Fellow and held several of 
the highest offices in that organization. He died March 2, 1873 at Fox Lake. 
Tenney and Atwood, Memorial Record, 107-108. ; 

CuHAuNCcEY KELLOGG belonged to a Connecticut family which migrated to 
Racine County in the early territorial days. His father, Helmont, was a 
Revolutionary soldier, and died in Wisconsin in 1848. Chauncey Kellogg was 
born April 23, 1790, at Goshen, Connecticut, the second son in a large family. 


pall retells 


i 
q 


BIOGRAPHICAL SKETCHES 781 


He married in 1812 and soon thereafter moved to Pennsylvania. From 1823 
to 1837 he lived in Cortland County, New York, and in the spring of the latter 
year followed his brothers to Racine County, where he bought a farm at 
Sylvania. There he remained for fifteen years and assisted in building one 
of the earliest Protestant churches in the territory. When elected to the 
constitutional convention he was selected for the committee on finance and 
the public debt, and gave thereon good practical advice. In 1852 Mr. Kellogg 
removed to Clayton, Winnebago County, and after a few years there settled 
at Fort Atkinson. His last years were passed with his eldest daughter at 
Neenah, where he died January 31, 1885 at the age of ninety-four. Mr. Kellogg 
was a life-long Democrat and lived to see the election of President Cleveland, 
after many years of Republican presidents. He was a member from childhood 
oz the Methodist Church, and a man of probity and honor. Timothy Hopkins, 
The Kelloggs in the Old World and the New (San Francisco, 1903), 446. 
Manuscript record. 


CHARLES J. KERN was a native of Prussia where he was born in 1805. It 
is not known at what date he emigrated to America. In the convention he 
represented Washington County as a Democrat, serving on the committee on 
corporations. Later he removed to Milwaukee, one of whose districts he 
Tepresented in the assembly of 1855. The date of his death is not known. 
Tenney and Atwood, Memorial Record, 110. 


AsA KINNE was born May 21, 1810, at Homer, Cortland County, New York. 
He grew up at this place, and afterward lived in Preston City, Connecticut, 
and in Cattaraugus County, New York. From the latter place he came to 
Wisconsin, arriving at Milwaukee July 3, 1836. He settled in Oak Creek 
Township, and was there appointed justice of the peace. He represented this 
township as a Democrat in the convention wherein he did efficient service 
on the committee on counties and towns: He was state senator from Milwau- 
kee County in the first two state legislatures. In 1852 Mr. Kinne removed to 
California and served in its legislatures of 1853 and 1854. Having returned to 
Wisconsin, he made his home for a time in Green Lake County, whence he 
came to Madison in 1859; in 1860 he was sergeant at arms of the senate. 
After this he located at Ripon, held several local offices, and in 1861 enlisted 
as a private in the Ripon Rifles, although he had in 1858 served as colonel in 
the state militia. In December, 1861 he was discharged from the army because 
of ill health. Later he was commissioned quartermaster with the rank of 
first lieutenant in the First Wisconsin Cavalry and served throughout the 
war. His later years were spent in Russell, Kansas, where he was a charter 
member and commander of the Grand Army Post, and where, October 3, 1886, 
he died. Tenney and Atwood, Memorial Record, 110-13; Manuscript record. 


JosrerpH Kinney Jz. was born of Scotch ancestry January 29, 1799, in Mount 
Holly, Rutland County, Vermont. He resided in his native place until he 
was eighteen years old, studying in district schools and working on a farm. 
In 1817 he removed to Genesee County, New York, where he spent four years 
and where in 1820 he married. In 1821 he removed to Cattaraugus County in 


782 WISCONSIN HISTORICAL COLLECTIONS 


the same state, and from there in 1833 to Cuyahoga County, Ohio. In Wis- 
consin he settled first in Racine County in 1838; thence after four years he 
removed to a farm near Avon, Rock County. At this place he was justice of 
the peace, and this was the district from which he was elected as a Democrat 
to the constitutional convention. Having been delayed in arriving at the 
convention he was not assigned to any standing committee. He was also in 
1851 a member of the state assembly from Lima, Rock County. In 1864 he re- 
moved to Pepin County, but after a few years increasing age made him abandon 
farming and go to live with his children. He died May 5, 1875 at his daugh- 
ter’s home near Sharon, Wisconsin. Manuscript record. 


WREDERICK |{§. LOVELL was born November 1, 1815 at Rockingham, Windham 
County, Vermont. In August, 1835 he graduated from Geneva College and 
soon thereafter began the study of law with ex-Governor Henry Hubbard of 
Charleston, New Hampshire. Later he studied with Judge S. K. Strong 
of New York. After being admitted to the bar he removed in September, 1837 
to Kenosha (then Southport) which thereafter became his home. His talents 
as a lawyer were quickly recognized; he was a leading member of both con- 
stitutional conventions in the first of which he was chairman of the committee 
on executive, legislative, and administrative provisions, and in the second, 
chairman of the committee on amendments. Whenever he spoke he was 
listened to with attention, so cogent was his reasoning, so clear his exposi- 
tion. Mr. Lovell was a member of the territorial council from 1847 until the 
admission of the state, and in 1857 speaker pro tem of the state assembly. 
In 1858 he was one of a committee on the revision of the statutes, and the 
code of 1858 is largely the product of his legal ability. In early life Mr. Lovell 
had voted as a rule with the Democratic party; he was, however, strongly 
opposed to slavery and at the outbreak of the Civil War offered his services 
to the governor and in 1862 was commissioned lieutenant colonel of the Thirty- 
third Wisconsin, and for nearly three years of the Civil War commanded that 
regiment. In January, 1865 he was transferred to the Forty-sixth as colonel; 
upon being mustered out in September of that year he was brevetted brigadier 
general. Under President Johnson, General Lovell served as postmaster at 
Kenosha for two years. He was much interested in the beginnings of the 
Wisconsin Historical Society, of which he was an early member, and one of 
_ its vice presidents in 1849 and again in 1852. Morgan L. Martin speaks of 

him as possessing a “broad, general mind, without a specialty, but overfiowing 
with good sense and apt suggestion.” After his resignation from the post- 
mastership in 1868, General Lovell’s health gradually failed, and he died 
May 14, 1878 at his Kenosha home. Wis. Hist. Colls., viii, 469; xi, 409; Wis- 
consin Bar Association Proceedings, 1881, 207. 


WILLIAM ISRAEL MaAppDEN, probably from Missouri, came to the lead mines — 
in 1827 with Henry Dodge. He worked the mines about Dodgeville and 
took up land in that vicinity. During the Black Hawk War he was one of 
Dodge’s Rangers. Later he became his son-in-law, marrying his second 
daughter, Louisiana. Mr. Madden was elected to the convention as a Democrat 
from Elk Grove, then in Iowa, now in Lafayette County. In 1850 he went to 


BIOGRAPHICAL SKETCHES 783 


California to seek for gold, and died shortly after in Sonoma County. Part 
of his family accompanied him to California, but his eldest son, Henry Dodge 
Madden, lived and died in Wisconsin. T. W. Woodward, Dodge Genealogy 
(Chicago, 1904), 60. 


JAMES MAGONE, who represented Milwaukee County in the convention, was 
born in New York City of Irish parentage, and followed the calling of carpen- 
ter and builder. The date of his coming to Wisconsin is not known. He had 
a very jovial disposition and was given to practical jokes. Although upon 
none of the standing committees in the constitutional convention he made 
therein several original and humorous suggestions. He voted with the Demo- 
crats. Early in 1847 he was one of a committee to arrange for a celebration 
at Milwaukee of the anniversary of the battle of New Orleans. Later in that 
same year he volunteered for the Mexican War, and is thought to have been 
killed in battle. James S. Buck, Pioneer History of Milwaukee, (Milwaukee, 
1890), I, 256. 


JoHN H. MANAHAN was the son of Patrick Manahan who was concerned 
in the Irish rebellion under Robert Emmet. The elder Manahan emigrated 
to the United States in the early years of the nineteenth century; his son 
John was born March 29 1811, in New York City. The father was a soldier 
in the War of 1812. The son grew up in New York and learned the tanner’s 
trade. In 1835 he married at Newark, New Jersey, and brought his bride to 
Wisconsin, where in 1837 they built a home at Prairie du Chien. There Mr. 
Manahan became a builder and contractor, and erected some of the first houses 
built in La Crosse. In 1841 he was on the county board of commissioners and 
the next year was a member of the territorial legislature. Two years there 
after he removed to Beaver Dam, where he built the first frame building, and 
where he was postmaster for six years (1844-50). Mr. Manahan represented 
Beaver Dam in the convention as a Democrat, and was therein assigned to the 
committee on the franchise. Some years later he went back to his birthplace 
to reside, and died at his home in that city in 1885. Tenney and Atwood, 
Memorial Record, 116-17. 


Mosrs MEEKER was born in 1790 in New Jersey and there received an ac- 
ademic education. In 1817 he removed to Cincinnati and began the manu- 
facture of white lead. He first visited the Illinois-Wisconsin lead mines in 
1822; the next year he brought there a colony of over forty persons to begin 
mining and smelting operations. After the Black Hawk War Mr. Meeker 
removed to Wisconsin and built a smelter on Blue River. In 1836 he was an 
unsuccessful candidate for territorial delegate to Congress. From 1842 to 1844 
he was a member of the territorial legislature. He represented Mineral Point 
in the constitutional convention and served on the committee on internal 
improvements. In politics Mr. Meeker was a Democrat. About 1854 he retired 
from active life to Meeker’s Grove farm near Benton, Lafayette County. There 
in 1857 he wrote the reminiscences of his early life, which are published in 
Wis. Hist. Colls., vi, 271-96. Mr. Meeker had no formal knowledge of medicine, 
but in the emergencies of a new country he practiced considerably and was 


784 WISCONSIN HISTORICAL COLLECTIONS 


usually spoken of as “Doctor.” He was a man of varied and wide interests, 
a corresponding member of the Wisconsin Historical Society, and a member 
of other learned societies. He died July 7, 1865 at Shullsburg whither he 
had removed a short time before that date. Wis. Hist. Colls., vi, 271, note. 


Davip L. Mitts was born March 7, 1815 at Grafton, Rensselaer County, New 
York. He grew up in his native town, there studied law, and in 1838 removed 
to Oneida County, where he remained five years. Having determined to seek 
a new field for practice Mr. Mills spent a year in Kentucky, but soon there- 
after concluded to try his fortune in Wisconsin, where he arrived in June, 
1845. He settled at Fulton, Rock County, which as a Democrat he was dele- 
gated to represent in the convention, wherein he was appointed to the com- 
mittee on counties and towns. In 1852 Mr. Mills returned to New York and 
married. Two years later he and his wife removed their home to Evansville 
where they passed the remainder of their lives. In 1859-60 Mr. Mills was county 
register of deeds and in 1850-53 one of the directors of the Milwaukee and 
Mississippi Railway. He died in July, 1887 at his Evansville home. Manu 
script record. 


JAMES M. Moore, a farmer by occupation, was born in New York in 1815. 
He was elected on the Democratic ticket to the convention from Brookfield, 
Waukesha, County. Nothing is known of his later history. Tenney and 
Atwood, Memorial Record, 122. 


David NoGeLE was one of the influential and original thinkers of the first 
constitutional convention. Although largely self-educated he had a grasp of 
constitutional principles and of democratic policies that made him invaluable 
in the debates of the session. He was chairman of the committee on corpora- 
tions other than banking and municipal, to the duties of which he brought 
high purpose and practical knowledge. Mr. Noggle’s father was a Pennsyl- 
vania German; his mother was of Scotch-Irish descent. They were pioneers 
in Franklin County, Pennsylvania, where David was born October 9, 1809; 
there he grew up with only the advantages the frontier region could afford. 
When he was sixteen the family removed to Greenfield, Ohio, and there David 
struggled to secure an education, working on a farm summers and attending 
school winters. In 1828 he entered a factory in New York City where he re- 
mained four years. At the end of that time he returned to Ohio, and with his 
brothers’ aid built a mill and reéstablished his father’s failing fortunes. In 
1834 young Noggle married, and two years later he removed his family to a 
farm in Winnebago County, Illinois. While engaged in farming he studied 
law, and at the end of two years of indefatigable effort he took the bar exam- 
ination and was admitted to the state supreme court. The next year (1839) 
Mr. Noggle sold his farm to begin law practice at Beloit. There in 1840 
he became postmaster and held the position for five years. Mr. Noggle was 
an ardent Democrat and a delegate to the national nominating conventions of 
1848 and 1852. After the formation of the Republican party he joined its ranks. 
In 1850 he removed to Janesville, which he represented in the legislatures of 
1854 and 1857. In the latter he was largely instrumental in electing James 
R. Doolittle to the United States Senate. In 1858 Mr. Noggle was appointed 


BIOGRAPHICAL SKETCHES ~_. 785 


circuit judge, which office he held with acceptability until 1866 when he de- 
clined a reappointment. Thereafter for a short time he lived at Dubuque as 
attorney for the Chicago, Milwaukee and St. Paul Railway. In 1869 President 
Grant tendered Mr. Noggle the appointment of chief justice of the territory 
of Idaho. He accepted this office and remained on the bench until 1874 when 
failing health rendered retirement imperative. He died July 18, 1878 at his 
home in Janesville. Wisconsin Bar Association Proceedings, 1881, 142-45; 
Manuscript record. 


Bostwick O’Connor, whose father was an officer in the Revolution, was born 
in 1809 at Poughkeepsie, New York. In 1817 the family removed to Cleveland, 
Ohio, where the father became a Quaker. The son studied to be both a 
lawyer and a physician. He migrated to Wisconsin in 1842; in 1846 he was 
living at Port Washington, which he as a Democrat represented in the con- 
yention, serving on the judiciary committee. He lived in many parts of Wis- 
consin, Milwaukee, Walworth, Kenosha, Pepin, Rock, and Wood counties. He 
died March 5, 1884, at Cascade, Iowa, where he had been station agent for 
several years. Manuscript record. 


DANIEL MorcGan PARKINSON, nephew of the Revolutionary general for whom 
he was named, and son of Peter Parkinson, a Virginia soldier of the Revolu- 
tion, was born October 20, 1790, in Carter County, Tennessee. His father 
having died when he was two years of age, his mother brought up her small 
family as best she could upon the family farm. For a time they lived in 
White County, Tennessee; in May, 1817 they removed to Madison County, 
jllinois. Two years later Daniel Parkinson bought a farm in Sangamon 
County; here he was a militia officer and justice of the peace. In 1827 he 
started for the lead mines, arriving at Galena July 4, during the excitement 
over the Winnebago hostilities. Mr. Parkinson joined the militia as sergeant 
and marched to Prairie du Chien. After the hostilities were over in October 
of that year Mr. Parkinson went to New Diggings, Wisconsin, and the next 
year opened a tavern at Mineral Point. During the Black Hawk War he 
was in active service and has told his experiences therein in Wis. Hist. Colts., 
ii, 326-64. In 1833 he bought a tavern at Willow Springs, five miles southeast 
of Mineral Point, which became thereafter his permanent home. He was a 
member of the territorial legislatures from the first session in 1836 until 
1838, and again from 1840 to 1842, and as chairman of the committee on edu- 
cation brought in the first report on the common schools. In the constitutional 
convention he was appointed on the committee on militia and rendered good 
service in preparing its provisions. In politics Mr. Parkinson was a Democrat 
and was elected to represent Lafayette County in the first state assembly. 
He died at his home at Willow Springs October 1, 1868. Wis. Hist. Colls., iv, 
92-93. 


Rurus ParKs was the descendant of a Massachusetts family prominent in 
the Revolution. His father, who died in 1800, was seriously wounded while 
acting as aid to General Benjamin Lincoln in the battle of Stillwater. Rufus, 
the youngest son of Major Warham Parks, was born at Westfield, Massachu- 
setts, May 21, 1798. He was educated at Philips Andover Academy, and began 


50 


786 WISCONSIN HISTORICAL COLLECTIONS 


life as a merchant in Boston. He afterwards studied and practiced law at 
Bangor, Maine. Through the active offices of a brother, he was appointed in 
1836 receiver of public moneys at the Milwaukee land office, and arrived there 
in October of that year. In 1842, upon a change of administration, he was de- 
prived of his office. In 1844-45 he was county treasurer for Milwaukee. The 
latter year he went to live on his farm at Summit, Waukesha County, which 
district he represented as a Democrat in the convention wherein he served 
on the committee on amendments. In 1858 Governor Randall appointed Mr. 
Parks superintendent of public property. In 1867 he was a member of the 
state assembly. In early life Mr. Parks was a Federalist; later he became 
a Jacksonian Democrat; upon the founding of the Republican party he gave 
it his ardent support. Mr. Parks died September 17, 1878, at Summit. Manu- 
script record. 


CHATFIELD H. Parsons was representative from Racine County. Beyond the 
fact that he was born in 1807 in New York State nothing is known of his 
career. He was elected to the constitutional convention as a Democrat and 
served therein on the committee on eminent domain. Tenney and Atwood, 
Memorial Record, 129. 


Horace D. PatcH was the only member of the convention who died of 
wounds received in battle during the Civil War. He was born August 7, 
1814 in Onondaga County, New York. His father, John, and grandfather, 
Ezra, were both natives of Connecticut. Horace was educated at Cazenovia 
Academy and studied and practiced law in Ohio. He was married in the 
latter state in 1833 and ten years later removed to Whitewater, Wisconsin. 
In 1845 he took up land in Dodge County; he represented Calamus Township 
of that county as a Democrat in the convention. Two years later he removed 
to Beaver Dam, which he represented in the state assembly of 1852. Mr. 
Patch was clerk of court, treasurer of Beaver Dam, and held other local offices. 
In 1861 his only son enlisted in the Second Wisconsin; thereupon his father 
recruited a company for the Sixteenth Infantry, was wounded at the battle 
of Pittsburg Landing, and died at Corinth, Mississippi, June 22, 1862. Manu- 
script record. 


Noau PHELPS was born May 21, 1808 at Turin, Lewis County, New York. 
He was educated for a surveyor and in 1833 secured the position of assistant 
surveyor in Wisconsin, then a part of Michigan Territory. He laid out the 
township lines of Green, Dane, and Rock counties. In 1835 he married in 
New York; three years later he removed to a farm in Green County, Wiscon- 
sin. In 1841 he was appointed county surveyor, in 1842 tax collector. In 1845 
and 1846 he represented his county in the territorial assembly. In the consti- 
tutional convention to which he was elected on the Democratic ticket, Mr. 
Phelps served with acceptability on the committee on banks and banking. In 
1848-50 Mr. Phelps was clerk of the circuit court, and in 1855 justice of the 
peace. He lived the remainder of his life on a farm near Monroe and there 
died July 29, 1896. Manuscript record. 


BIOGRAPHICAL SKETCHES 187 


JosrPH 'S. Pierce, who was born in Vermont in 1797, was elected from Rock 
County on the Democratic ticket to the convention wherein he was on the 
committee on municipal corporations. He removed in 1851 to a farm at 
Darlington, Lafayette County, and five or six years later to Steele County, 
Minnesota. In this latter place he built a mill, which was destroyed by 
fire. This misfortune caused the death of Mr. Pierce in 1859. Tenney and 
Atwood, Memorial Record, 131. 


THEODORE PRENTISS was the last survivor of the constitutional convention 


_ of 1846; he was also one of the few who were members of both conventions. 


In the first he was chairman of the committee on the acts of Congress for ad- 
mission of the state; in the second, he was chairman of the committee on 
schedule and miscellaneous provisions. Mr. Prentiss represented the best 
type of the New England element in Wisconsin, a cultured, upright, and able 
man. He was born at Montpelier, Vermont, September 10, 1818, the eighth 
son of ‘Samuel Prentiss, formerly of Connecticut. The latter was chief justice 
of Vermont, United States senator, and federal district judge. Theodore Pren- 
tiss was educated at the academies of his native town, and in 1838 entered 
the University of Vermont. His health having failed, he was in the South for 
a few years, then returned to Vermont to study law in his father’s office. In 
1844 he was admitted to the bar. He then determined to make a home in 


. Wisconsin, where he arrived in October of that year. The next February he 


settled at Watertown and became the leader of the Jefferson County bar. 
He was a Democrat in politics but was never a partisan leader. He was the 
first mayor of Watertown, was reélected in 1854, and again in 1871. 
He was a member of the assembly in 1861, and regent of the University of 
Wisconsin from that date until 1867. In his later life he abandoned law 
practice to care for his personal and landed interests. He died August 4, 
1906, at his home in Watertown. Manuscript record. 


ALEXANDER WILLIAMS RANDALL was the only member of the first constitu- 
tional convention who afterwards became governor of the state and federal 
cabinet officer. He was born October 31, 1819 at Ames, Montgomery County, 
New York, whither his parents had removed from Massachusetts the pre- 
ceding year. He received a good academic and legal education, and at the 
age of twenty-one removed to Wisconsin where he made his home at Waukesha, 
then called Prairieville. This place during the forties was noted for its 
political ferment, and young Randall, at first a Democrat, quickly became a 
part of the group prominent in territorial and state politics. During his 
service in the convention he was a member of the committee on corporations; 
he also introduced a resolution calling for negro suffrage; thereafter Mr. 
Randall was considered an abolitionist and his political influence was for 
a time in abeyance. In 1854 he was elected to the assembly after a severe 
struggle, and his vote was the one that sent the Free-soil candidate, 
Charles Durkee, to the United States Senate. The next year Mr. Randall 
Was candidate on the Republican ticket for attorney-general but was de- 
feated. He was a strong partisan of Coles Bashford, and after the latter was 
seated in the gubernatorial chair in 1856 he appointed Mr. Randall circuit 


788 WISCONSIN HISTORICAL COLLECTIONS 


judge for Milwaukee and Waukesha counties. His term on the bench was 
brief; in 1857 he was nominated and elected governor and held the office 
for two terms. During his second term the Civil War began, and Mr. Randall 
became an efficient and popular war governor. At the close of his second 
term hg desired to enter military service; President Lincoln, however, pre- 
vailed on him to accept the appointment of United States minister to the 
Papal States at Rome. After a few months he resigned that post and be- 
came in December, 1862 the first assistant postmaster general, and after 
1865 the head of the department. He alienated many Wisconsin friends by 
his advocacy and support of President Johnson. Thus after his years in 
Washington he never returned to the state, but died July 26, 1872 at Elmira, 


New York. He was an early member of the Wisconsin Historical Society, — 


was one of its donors, and its vice president in 1860. R. G. Thwaites, Civil 


War Messages and Proclamations of Wisconsin War Governors (Wisconsin a 


History Commission, 1912), 1-3. 


’ 


AARON RANKIN was born in New York in 1812. He studied law before 7 


migrating to Wisconsin, and though never in active practice in Wisconsin, 


was known as Judge Rankin, and was a member of the state bar associa- — 
tion. He was one of the pioneers of Fort Atkinson, where he settled on a 


large farm directly west of the city, and made it his permanent home. When 


elected as a Democrat to the first constitutional convention, Mr. Rankin > 


was appointed on the committee on the executive. In 1852 he was clerk of 
the village, but held few other political offices. He died at his Fort Atkinson 
home October 25, 1901. State Bar Association Report, 1902-03, 238. 


Grorce B. REeEp, the eldest son of Seth and Rhoda Finney Reed, was porn 
November 9, 1807 in Middlesex County, Massachusetts. While still a youth he 
removed with his father’s family to Vermont and there was educated at 


Castleton Academy and Middlebury College, and studied law with S. H. 
Merrill of Rutland, Vermont. George Reed was one of the earliest Ameri- “a 


can residents of Milwaukee, coming thither in 1834; his father and mother 


with their family followed in the autumn of 1835. His brothers, Orson, Curtis, — 


and Harrison, were all builders of the commonwealth of Wisconsin; his 
sisters married Judge Abram D. Smith of the Supreme Court and Alexander 
Mitchell of Milwaukee. The elder Reed removed about the year 1837 to a 


large farm at Summit, Waukesha County, and this was the district that 


George Reed represented as a Democrat in the convention, serving on the 


committee for the executive provisions. For a time after that gathering a 
he lived at Madison where he was one of the founders of the Wisconsin 
Historical Society, being chairman of the committee to draft the first con- 
stitution and one of the Society’s first vice presidents. About the year 1850 


he removed to Manitowoc and there was elected county judge. In 1854 he laid 
out the town of Reedsville, Manitowoc County. In 1866 Mr. Reed was a 


member of the state senate and was reélected, serving until 1870. He was — : 


one of the promoters and the first president of the Wisconsin Central Rail- 
way. He was killed January 10, 1883 at the Newhall House fire in Milwaukee. 
Wisconsin Necrology, iv, 1-4. 


BIOGRAPHICAL SKETCHES 789 


PATRICK ROGAN was born September 26, 1808 in Ross Glass, County Down, 
Ireland. In 1823 he came to America with his father’s family, landing in 
Montreal where they remained two years and where Patrick was employed 
as Office boy for a law firm. In 1825 the Rogan family removed to Jefferson 
County, New York; and there in 1828 the father died. In 1837 Patrick 
migrated to Wisconsin, bought land on the west side of Rock River, and 
settled on the site of Watertown. He took great interest in the growth of 
his settlement, and was chosen postmaster, an office he held for eight years. 
In politics Mr. Rogan was a Democrat. In 1844 he built a sawmill, which 
he ran for fourteen years. He was interested in internal improvements and 
served in the convention upon the committee on that subject. In his later 
life he assisted in building plank roads, railroads. and was concerned in 
all that pertained to the development of his adopted state. He held many 
local and county offices, and was elected to the state assemblies of 1851, 
1853, 1855, and 1866. His home remained at Watertown throughout his 
life, and there, February 16, 1898 he died in the ninetieth year of his age. 
History of Jefferson County (Chicago, 1879), 623. 


Epwarp GEORGE Ryan, who was thirty-five years of age at the time he 
represented Racine in the convention, showed on that occasion the con- 
spicuous ability and intellectual grasp that nearly thirty years later made 
him Wisconsin’s chief justice. He was born November 13, 1810 at Newcastle 
House, Enfield, County Meath, Ireland, a gentleman’s son, with the expecta- 
tion of inheriting much wealth. His father, having suffered reverses, left 
little to his second son but the opportunity for an education. Young Ryan, 
however, passed a wild youth, and in 1830 emigrated to New York, where iby 
selfsupport and much application he obtained a legal training, and May 13, 
1836 was admitted to the bar. A few weeks previously he had been 
naturalized, and he now decided to cast his lot with the western country. 
Arriving in Chicago, he attempted journalism and started a Democratic 
paper called the Tribune. This failed in 1840, and he secured an appoint- 
ment as prosecuting attorney for the embryo city. In 1842 he removed 
to Wisconsin and began practice at Racine from which place he was elected 
to the constitutional convention. Therein he was chairman of the committee 
on banks and banking, second member of the judiciary committee, and worked 
with that on education. He frequently contributed to the debates on the 
floor of the convention. At its close his reputation as a lawyer grew 
rapidly, and in December, 1848 he removed to Milwaukee and there became 
one of the leaders of the bar. He directed the prosecution at the impeach- 
ment in 1853 of Judge Hubbell, was one of the attorneys in the Barstow- 
Bashford trial; in these and other legal contests his arguments were vigorous 
and weighty and carried conviction to his hearers. Mr. Ryan was a life-long 
Democrat, and in 1862 he issued an address attacking the federal adminis- 
tration on its Civil War policy; because of this address his popularity was 
for a time obscured. It was only in 1870 that he was elected city attorney 
for Milwaukee, and not until 1874 that Governor Taylor called him to the 
supreme bench to take the place of Judge Dixon. Judge Ryan was elected 
thereto in 1875 and held the office until his death October 19, 1880. He was 
a very able judicial officer, and his decisions refiect deep learning, fine 


790 WISCONSIN HISTORICAL COLLECTIONS 


literary ability, and noble sentiments. John B. Winslow, The Story of a 
Great Court (Chicago, 1912), 307-38. 


LymMsNn Hunt SEAVER was the son of William (Seaver, a soldier in the 
Revolution, who after the war removed to Vermont. There, October 26, 1796, 
his son, Lyman Hunt, was born in the town of Arlington. In early life the 
younger Seaver removed to Darien, Genesee County, New York, and there was 
married April 29, 1829. In 1836 or 1837 he first visited Wisconsin, where 
a colony from Darien had settled in Walworth County and had given the 
name of their former home to the new locality. To a farm in this vicinity 
Mr. Seaver brought his family, consisting of a wife and several children, in 
1839. He held several local offices, was supervisor in 1842, 1845, and 1857, 
and town treasurer in 1853. In the constitutional convention, to which he was 
chosen as a Democrat, Mr. Seaver was appointed on the committee on 
schedule. In his later life he removed to the village of Darien and there 
died June 1, 1864. History of Walworth County (Chicago, 1882), 751. 


A. Hyatr SmirH was an outstanding figure in the convention, particu- 
larly in debates on eminent domain and property of which committee he 
served as chairman. He was born February 5, 1814 in New York City. When 
he was a boy of eight his father, on account of a severe epidemic of cholera, 
removed his family to Ulster County; four years later they returned to the 
city where the father was a merchant, and where he died suddenly in 1827, 
leaving a considerable family. Hyatt was educated under the care of a 
relative who destined him for the law. He was admitted to the state bar in 
1835 and the next year to the supreme court. His health having suf- 
fered from overwork he removed in the autumn of 1842 to Janesville, Wis- 
consin. He soon purchased the water power and arranged for building the 
largest flouring mill in the West. In 1847 Governor Dodge appointed Mr. 
Smith territorial attorney-general. In 1848 he was United States district 
attorney. In 1853 he was the first mayor of the city of Janesville, and was 
again elected to that office in 1857. In 1851 and 1853 he was candidate for 
the nomination for governor on the Democratic ticket, narrowly failing to 
secure the nomination; he was also Democratic candidate for Congress in 
1848. He changed his politics only in 1864 when he gave his vote for 
Lincoln. It was as a business man that Mr. Smith was best known; he 
had a large vision of the future of the West and promoted railroads and 
other means of communication. He was thwarted in some of his plans and 
sacrificed much of his private property to satisfy his opponents. He also 
lost heavily in the great fire of Chicago in 1871. His death occurred at his 
Janesville home October 16, 1892. United States Biographical Dictionary 
(Wisconsin volume, 1877), 442-46. 


Grorce Baxter SMITH was born at Parma Corners, Monroe County, New 
York, May 22, 1823. He was thus but twenty-four years old at the time of 
the convention and its youngest member. Although born in New York, Mr. 
Smith grew up and was educated in Ohio studying law at Medina in that 
state. He came to Wisconsin in 1843 with his father’s family and settled 
first at Southport where he was admitted to the bar and to the United 


BIOGRAPHICAL SKETCHES 791 


States courts. The next year Mr. Smith went to Ohio to be married and 
brought his bride to Madison which became their home for life. Mr. 
Smith’s legal acumen was such that in 1846 he was chosen district attorney 
for Dane County, and held the office for six years. Young as he was Mr. 
Smith’s ability was recognized by his appointment in the constitutional 
convention as chairman of the committee on the bill of rights, and a 
member of that on the judiciary. In 1853 he was elected attorney-general 
of the state for two years, declining reélection. He was mayor of the 
city four times (1858-60, 1878); he represented the county in the state assem- 
bly in three sessions (1859, 1864, 1869); twice he was Democratic candidate 
for Congress (1864 and 1872); and once for the United States Senate (1869). 
Mr. Smith was throughout life an ardent Democrat. He was a man of wide 
reading and much legal acumen, and was recognized as one of the leaders of 
the Wisconsin bar. He died in the prime of life September 18, 1879. His 
obituary and his relation to the Historical Society are discussed in Wis. 
Hist. Colls., viii, 108-39. 


JoHN YATES SMITH was the son of Peter Smith, an Irish soldier, who came 
to the United States in Burgoyne’s army, and who remained in America and 
Married a niece of Ethan Allen. John was born at Evans’ Mills in LeRoy, 
Jefferson County, New York, February 10, 1807. This locality was then a 
frontier and young John Smith grew up as a pioneer boy does, largely self- 
educated, adept with hand and eye, capable in many trades. In 1828 he 
was engaged by some missionaries to come to Green Bay to erect mills and 
buildings for the Stockbridge Indians. He arrived at Green Bay May 18 
of that year and spent the remainder of his life in Wisconsin. In 1835 he 
speculated in land at Milwaukee; two years later he withdrew to a farm 
in Waukesha County where he lived three years. In 1842 he visited Madison 
and was soon engaged as commissioner of public buildings to finish the 
first capitol. In 1843 his title was changed to that of superintendent of 
public property. In 1844 he entered upon what proved to be his life work, 
journalism. He was editor-in-chief for seven years (1844-51) of the Wisconsin 
Argus, the organ of the “Hunker” or conservative Democracy, and by his 
trenchant pen made and unmade public and political reputations. During 
that time he was chosen to represent Dane County in the constitutional 
convention, wherein he was a member of the standing committee on schedule, 
and of several select committees. In 1851 Mr. Smith retired from journalism 
until 1861 when he bought the Argus and Democrat and edited it with the 
assistance of his son, Hayden K. Smith. Mr. Smith was one of the founders 
of the Wisconsin Historical Society, the chairman of the first meeting called 
for organization, a vice president, and after the reorganization of 1853 a 
curator until his death. He made several contributions to the Society’s 
Collections: one on the “American Indians’ published in volume iv, one 
on “Eleazer Williams” published in volume -vi. His death occurred at his 
residence near Madison, May 5, 1874. Wis. Hist. Colls., vii, 452-59. 


SEWALL SMITH was a native of Andover, Vermont, where he was born in 
1802. He was a merchant in his native place and postmaster there for 
ten years. In 1825 he married Nancy Mansur. In 1840 he first visited Wis- 


792 WISCONSIN HISTORICAL COLLECTIONS 


consin and decided to settle at East Troy, Walworth County; in July of 
the next year he brought his family to this place, which became his permanent 
home. Mr. Smith was one of the first merchants of East Troy, the first 
town clerk, both chairman and treasurer for the board of supervisors, and 
postmaster for several years. In the constitutional convention he voted with 
the Democrats and served as a quiet, unassuming member of the committee 
on banks and banking. He died at Hast Troy, January 23, 1881. History of 
Walworth County (Chicago, 1882), 549. 


GENERAL Wir11AM RuporPH SMITH was one of Wisconsin’s most distin- 
guished scholars and had a large share in founding the Wisconsin Historical 
Society. He was a native of Pennsylvania, of ‘Seotch ancestry on his father’s 
side, and Swedish on his mother’s. His grandfather, Provost William Smith 
of the College of Pennsylvania, superintended the boy’s education. The latter 
was born at La Trape, Montgomery County, August 31, 1787. His father 
William Moore Smith, a distinguished poet and statesman, in 1803 visited 
England on behalf of the claimants under Jay’s Treaty. The son accompanied 
him as private secretary and began his legal studies in the Middle Temple, 
London. After two years in London young Smith returned to Philadelphia, 
completed his legal studies, and in 1808 was admitted to the bar. Mean- 
while he devoted much time to belles-lettres and was the companion of the 
contemporary literary men of Philadelphia. After Mr. Smith’s marriage 
in 1809 he began legal practice in Huntingdon, Pennsylvania, where he re 
mained for twenty years., In 1830 he removed to a farm in Bedford County, 
but continued practicing his profession. In 1837 he was appointed com- 
missioner, jointly with General Henry Dodge, to hold a Chippewa Indian 
treaty at Fort Snelling; thereafter he wrote his Observations on Wiscon- 
sin, published in 1838. That same year he removed his family to Mineral 
Point, which became his permanent home. While a resident of Pennsyl- 
vania, General Smith had been honored with many offices and appointments. 
He had passed through all grades of the militia to that of brigadier general, 
he had been deputy attorney-general several times, member of the senate 
and house of the Pennsylvania legislature, and presidential elector in 1836 
on the Democratic ticket. In Wisconsin Territory he was appointed adju- 
tant general, holding that office from 1839 to 1852. In 1846 he was elected 
secretary of the territorial legislative council. Upon his appearance as a 
delegate in the constitutional convention General Smith was named chair- 
man of the committee on the militia and also a member of the judiciary com- 
mittee. In 1849-50 he was appointed chief clerk of the state senate; and in 
1855 elected attorney-general. In 1854, General Smith was chosen president 
of the State Historical Society, of which he had been a charter member, 
and before which he had delivered the first annual address. He was active 
in the Society’s reérganization in 1853, one of its incorporators, and aided 
in preparing its constitution. fe was its president continuously until 
1861, when he declined reélection, and was chosen vice president until his 
death. General Smith compiled an official History of Wisconsin authorized 
by the state, of which two volumes, the first and third, were published. He 
wrote many poems and other literary productions and was a member of 
several learned societies. He was also a Mason and held high office in 


BIOGRAPHICAL SKETCHES 793 


the order. He left many descendants both in Pennsylvania and in Wiscon- 
sin. His death occurred while absent from home, August 22, 1868, at Quincy, 
Illinois. Manuscript record, largely autobiographical. 


EvANDER M. Soper was a native of Vermont, where he was born in 1810, 
probably in the town of Bristol, Addison County. About the year 1840 he 
came to Wisconsin, whither his relative, Orville J. Soper, had previously 
come to settle at Green Bay. Evander went into Manitowoc County as a 


_mechanic, and became identified with the pioneer life in that region. In 


1840 he was tax collector; in 1843 and again in 1848 he was elected to the 
board of supervisors. In the constitutional convention Mr. Soper voted with 
the Democrats, and served on the banking committee. His later history 
is not known. Tenney and Atwood, Memorial Record, 164. 


EigAn STEELE was born November 13, 1817 at Watervliet, New York. 
Later he married and removed to Oswego in the same state, where he 
practiced law. He represented Kenosha as a Democrat in the convention 
wherein he was a member of the committee on revision and adjustment. 
About the year 1850 he removed to California, where he was a member of 
the state legislature, and where in 1879 he was elected superior judge of 
Siskiyou County, and there died in 1883. Manuscript record. 


THOMAS STOCKWELL was born of Vermont stock at Bainbridge, New York, 
May 26, 1803. Thomas grew up on a farm and was educated in the common 
schools. In 1836 he migrated to Michigan, and after two summers there he 
removed in September, 1837 to what is now Kenosha County, Wisconsin, 
where he bought land in Salem Township. He resided on this farm the re- 
mainder of his life. In early years he was a Democrat, and as such was 
elected to the constitutional convention. Later he became a Republican in 
politics, serving for many years as justice of the peace. He died at Salem, 
August 8, 1886. Portrait and Biographical Album of Racine and Kenosha 
Counties (Chicago, 1892), 586. 


MarsHatt Mason Srrone, son of Judge Hezekiah Strong, was born Sep- 
tember 3, 1813 at Amherst, Massachusetts. After an academic training he 
began his college course at Amherst, but his father having removed to Troy. 
New York, Marshall completed his course at Union College and entered upon 
the study of law. In 1836, determined to cast in his lot with the new 
territory of Wisconsin, he removed to the village of Racine, where he 
became identified with the growth of both the town and the territory. His 
superior gifts were quickly recognized; in 1839 he was elected to the ter- 
ritorial council and there appointed one of three to revise the territorial 
laws. In 1844 he again entered the council, and while still a member 
received word in January, 1846 of the burning of his home at Racine and 
the loss of his wife and children in the fire. This catastrophe evoked the 
sympathy of the entire territory. In 1846 Mr. Strong consented to stand for 
delegate to the constitutional convention, to which he was triumphantly 
elected. He was one of the ablest members of that body, chairman of the 
committee on the legislative provisions, and one of that on counties and 


794 WISCONSIN HISTORICAL COLLECTIONS 


towns. Differing from the majority he resigned before the close of the ses- 
sion and used all his efforts to defeat the first constitution. Mr. Strong 
was a member of the state assembly of 1849, where he was again concerned 
with the revision of laws. In 1850 Mr. Strong married the second time, 
and thereafter devoted himself to private practice. A strong antislavery 
man, Mr. Strong in early life voted with ‘the Democrats; later he became a 
Free Soiler, and vigorously upheld the government during the Civil War. 
He was a patron of education and interested in all that promoted the higher 
life of the community. From its inception in 1849 he was a member of the 
State Historical Society. He was likewise an incorporator of Racine College 
and one of its trustees until his death. He passed away March 9, 1864 at his 
home in Racine. Manuscript record. 


Mosts McCure Srrone, son of Judge Moses Strong of Rutland, Vermont, 
was born at that place May 20, 1810. Young Strong was educated at Castle 
ton grammar school.where he spent the years 1822-25; then he matriculated at 
Middlebury College, Vermont, and remained until 1828. That year he 
entered the senior class at Dartmouth, graduating in 1829. The next year 
he began the study of law and passed 1830 and 1831 at the Litchfield, Con- 
necticut, law school. At the close of the course he was admitted to the Con- 
necticut courts, and in September, 1831 to those of Vermont. In 
1832 he married Caroline Frances Green of Windsor, Vermont, and began 
practice in his native state. In 1836 Mr. Strong first visited the West at 
the instigation of Senator Hubbard of New Hampshire, who employed him 
to invest land scrip in the new Wisconsin Territory. Mr. Strong decided 
to settle at Mineral Point, but did not remove his family there until two 
years later. In January, 1837 he passed the site of Madison on his way 
from Milwaukee. In February of the same year he came with John Catlin 
and others to meander the lakes. In 1837 he surveyed fourteen townships 
in Iowa. The next year he was appointed United States district attorney 
for Wisconsin, an office he held for three years. In 1841 he was elected 
to the territorial council and remained a member until 1846, serving twice 
as president thereof. The first constitution probably owed more to Mr. 
Strong’s influence than to that of any other man. He was chairman of 
the committee on suffrage and the elective franchise, member of that on 
the legislature, and discussed on the floor of the convention almost every 
controverted question. In 1850 Mr. Strong represented Iowa County in the 
state assembly and was elected speaker of the session. In 1857 he was 
member for Milwaukee, where he lived from 1855 to 1858 while president 
of the La Crosse and Milwaukee Railway. Mr. Strong was an able politician 
and well known in Democratic councils, both state and national. In 1847 he 
was candidate for territorial delegate on the Democratic ticket, but was de- 
feated by the Whig candidate. He was a member of the State Historical 
Society from its inception and vice president thereof from 1877 to 1893. 
He wrote “Indian Wars of Wisconsin” published in Collections, viii, 243-86. 
His History of Wisconsin Territory is a useful compilation. Mr. Strong’s — 
later years were passed in retirement at his home in Mineral Point, where 
he died July 20, 1894. Manuscript record. 


BIOGRAPHICAL SKETCHES 795 


Patrick TOLAND was born in County Tyrone, Ireland, in 1801. He came 
to America about the year 1830 and resided several years in Pennsylvania. 
About the year 1840 he removed to Wisconsin and lived at first in Mequon, 
Ozaukee County. In 1844 he bought a large tract of level land that was 
thereafter known as Toland’s Prairie in the southwestern portion of Wash- 
ington County. A considerable number of Irish settlers located in this 
vicinity and named the township Erin. This was the district Mr. Toland 
represented as a Democrat in the convention wherein he served on the finance 
committee. He was a member of the state legislature of 1849. Soon there- 
after he was engaged as commissioner and contractor for the Fox-Wis- 
consin Improvement Company. He died in the spring of 1858. History of 
Washington and Ozaukee Counties (Chicago, 1881), 782. 


JostaH Topping was the son of English immigrants, who settled in 1796 
in Montgomery County, New York. There he was born February 16, 1798. 
The younger Topping grew up at his birthplace, receiving a common school 
education. In 1820 he married and soon thereafter removed to the neighbor- 
hood of Sharon, Schoharie County, New York. In 1840 he settled in the 
southwestern portion of Walworth County, later called at his request 
Sharon Township. His brother Thomas settled near him, and the locality 
became known as Topping’s Corners; there the first town meeting was held. 
Mr. Topping lived to be the oldest settler in his locality and died at his 
home August 27, 1885. In the convention he voted with the Democrats and 
served on the militia committee. Manuscript record. 


Peter HeLMeR TURNER was born at German Flats (now Ilion), Herkimer 
County, New York, April 11, 1813. His father, a Baptist minister, gave his 
son such assistance as he was able in gaining an education. Young Turner 
was, however, but twelve years of age when he left district school to enter 
a store in Oswego where he served as clerk until his twentieth year. The 
following year he was deputy clerk of court, and continued merchandising 
at Hllisburg, Jefferson County, combining business with milling. It was 
not until 1840 that he came to Wisconsin and bought land in Genesee, 
Waukesha County. Two years later he removed to Palmyra, Jefferson 
County, from which place he was elected as a Democrat to the convention. 
His consent had not been asked before his nomination, and he was chosen 
against his desires; his health made attendance brief, and although he 
was appointed on the committee on schedule he was able to render but 
little service. In 1848 Mr. Turner was elected to the first state legislature, 
and in 1850 to the state senate, where he introduced a law simplifying local 
government that was productive of much good. In 1859 Mr. Turner re 
moved to Madison, where in 1860 he was elected alderman; he was also 
for a time president of the common council. His efforts were directed to 
improving the city’s finances, and to making its bonds worth their par value. 
Once more in 1871 Mr. Turner became a pioneer, removing to the Ver- 
million Valley of Dakota Territory, where a county received his name. 
The latter years of his life were passed at Sioux City, Iowa, where June 
4, 1885 he passed away. Manuscript Record. 


796 WISCONSIN HISTORICAL COLLECTIONS 


JOHN HUBBARD TWEEDY was born November 9, 1814 at Danbury, Connecticut. 
He received a classical education and graduated at Yale College in 1834. 
He studied law and was admitted to the bar at New Haven. Having deter- 
Mined to make his home in the new West, in October, 1836 Mr. Tweedy 
settled at Milwaukee, which thereafter became his permanent home, and 
where he died November 12, 1891. Mr. Tweedy represented the Wisconsin 
New England element at its best, and his services were much sought by 
both the new town and the territory. He was appointed receiver of the 
Milwaukee and Rock River Canal Company in 1839; in 1841-42 he was a 
member of the territorial council. He was the only Whig member of the 
constitutional convention from Milwaukee County wherein he was a member 
of the committee on the legislative provisions. In 1847 he was elected the 
last territorial delegate to Congress over his Democratic opponent, Moses M. 
Strong. He Was thus the instrument through whom all business passed 
between the federal and territorial governments antecedent to Wisconsin’s 
admission to statehood. In 1848 he was nominated on the Whig ticket for 
first state governor, but was defeated by Nelson Dewey. Mr. Tweedy was 
appointed postmaster at Milwaukee for a few months in 1850 and 1851; in 
1852 he was elected to the state assembly. Thereafter he declined public 
office and devoted himself to private business and philanthropy. He was 
the Wisconsin member of the Kansas Aid Society and aided in financing 
the campaign of 1855 that elected a Free-soil United States senator from 
Wisconsin. During the Civil War Mr. Tweedy performed many patriotic 
services. His later years were passed in retirement but he was always 
ready to respond to the needs of his city and state. His character was uni- 
versally respected, and his contribution to Wisconsin’s growth was sub- 
stantial. Wisconsin Magazine of History, ii, 115-16 (September, 1918). 


Don Atonzo JoSHUA UPHAM of Milwaukee was chosen president of the 
convention because of his scholarly abilities and his personal popularity. 
He was at the time of his election thirty-five years of age, and had lived in 
Milwaukee and practiced in the territorial courts for nine years. Mr. Upham 
was of New England stock, his ancestors having settled in Massachusetts 
in 1680. His father had, however, removed to Vermont, where the subject 
of this sketch was born May 31, 1809 at Weathersfield, Windsor County. 
He was educated at Chester Academy, Vermont, and studied in Meriden, 
New Hampshire, from 1825 to 1827. At the age of sixteen he chose the 
legal profession as his life work, and in 1827 entered Union College as a 
sophomore, graduating in 1830 with the highest honors of the class. That 
autumn he entered the law office of Hon. James Tallmadge of New York 
City,-and after a winter under his instruction Mr. Upham was chosen to 
a professorship in mathematics at the Delaware State College, continuing 
meanwhile his law study under Hon. James A. Bayard. In 1834 young 
Upham was admitted to the bar, and settled in Wilmington, where in 1835 he 
was chosen prosecuting attorney. He was also concerned with journalism, 
writing editorials for the Gazette of that city and becoming in 1836 part owner 
of a newspaper. The same year he married a Wilmington lady, and the follow- 
ing summer determined to seek his fortune in the West. He had thought of 
settling in Chicago, but after traveling about the new settlements decided to 


BIOGRAPHICAL SKETCHES 197 


make his home in Milwaukee. Mr. Upham had much adaptability, and soon 
made himself at home in frontier conditions. He had a keen sense of humor, 
democratic manners and convictions, and industry and resource in his pro 
fession. In 1840 he was elected to the territorial council, serving until Feb- 
ruary, 1842. The next year he was prosecuting attorney for Milwaukee. 
During the campaign of 1847 for the adoption of the first constitution Mr. 
Upham spoke frequently and forcibly in favor of the instrument. In 1849 
and 1850 he was mayor of Milwaukee, and in 1851 the unsuccessful Democratic 
candidate for governor. During Buchanan’s administration Mr. Upham was 
United States attorney and conducted the famous Booth trials. Because of fail- 
ing health he retired from active practice in 1864. In his later years his avoca- 
tion was the science of astronomy. He died at his old homestead on Broadway, 
Milwaukee, July 19, 1877. Manuscript record. 


JAMES R. VINEYARD was one of the few Southerners in the convention. A 
native of Kentucky, where he was born in 1804, Mr. Vineyard early came 
to the lead mines of southwestern Wisconsin where he was a well-known miner 
and smelter. He became a resident of Platteville as early as the spring of 
1828, and was very popular with his fellow miners. He had two brothers who 
were, like himself, prominent mining pioneers; one brother, Miles Vineyard, 
was for a time Indian agent for the Chippewa. James Vineyard was elected to 
the territorial council of 1838 and continued a member until February, 1842, 
when he had an altercation with Charles C. P. Arndt of Green Bay, as the 
result of which Arndt was shot and killed by Vineyard. The difficulty arose 
over one of Governor Doty’s nominations and was an incident in the quarrel 
between the legislature and the governor. The case was cited by Charles 
Dickens in his American Notes as an example of the lawless violence of Amer- 
ican legislators. Vineyard attempted to resign from the legislative council, 
but was not permitted to do so, and was expelled therefrom iby a vote of eleven 
to one. He was tried for manslaughter and acquitted by the jury as having 
acted in self-defense. He himself expressed deep remorse over the ill con- 
sequences of his hasty deed of passion. His neighbors continued to place 
confidence in him, as his election to the constitutional convention proves. 
He was imbued with Whig tendencies, but in the convention he had but a 
minor share. In 1849 Mr. Vineyard represented Grant County in the state 
legislature. In 1850 he migrated to California and was there also a member 
of the state assembly. He died in that state in 1863. Moses M. Strong, 
Territorial History of Wisconsin (Madison, 1885), 389-85. 


GARRET VLIET was one of the pioneer surveyors of the territory of Wiscon- 
sin who afterwards made it his permanent home. He was born in Sussex 
County, New Jersey, January 10, 1790. He received a good practical educa- 
tion, the larger share of his boyhood being passed near Wilkesbarre, then a 
pioneer region of Pennsylvania. He came West in 1818 and first proposed 
to make his home at St. Louis. Better opportunities for surveying present- 
ing themselves in the Miami region, he settled at Cincinnati, surveyed for 
the Miami Canal Company, and at one time was keeper of the locks. In 
1834 he was surveyor for Hamilton County when Byron Kilbourn and 
Increase A. Lapham interested him in a project for surveying in Wiscon- 


798 WISCONSIN HISTORICAL COLLECTIONS 


sin. In December of that year he took a contract to survey the township 
where Milwaukee now stands. This contract he fulfilled in February, 1835, 
and returned to Cincinnati. Again, in May or June of the same year Mr. 
Vliet came through to Milwaukee and Green Bay on horseback in company 
with Byron Kilbourn, who purchased at the Green Bay land office the west 
side of the site of Milwaukee and engaged Mr. Vliet to lay out a village on 
his land. In December, 1835, as United States deputy surveyor, Mr. Vliet 
once more came to Wisconsin Territory with four assistants, one of whom 
was George P. Delaplaine, and laid out many townships of public land. This 
survey was completed in July, 1836. In October of the same year Mr. Vliet 
Was surveying in Iowa. August 23, 1837 he left Cincinnati with all his 
family and goods and opened a farm north of Kilbourntown, between the 
present Ninth and Sixteenth streets in Milwaukee. ‘There the Vliets lived 
for many years while the city grew up around them. The present Lapham 
Park was a portion of the Vliet estate. Mr. Vliet was always ready to serve 
his adopted state, although he preferred private to public life. He was 
elected to the constitutional convention as a Democrat, but was not a member 
of any standing committee. He died at his Milwaukee home August 5, 1877. 
Manuscript record. 


SALMOUS WAKELEY was one of the older members of the convention, having 
been born March 17, 1794 at New Milford, Litchfield County, Connecticut. 
His ancestors were Welsh, but had for several generations lived in New 
England. Mr. Wakeley grew up in his native state, receiving the plain 
education that a farmer boy obtains in a district school. He learned the 
shoemaker’s trade and at one time was a shoe manufacturer. Although 
having but little formal education, Mr. Wakeley was a very well-read man and 
a thinker on questions of public import. In 1818 he married and soon there- 
after removed to Homer, Cortland County, New York. Later he spent a 
year or more in Erie County, of the same state, migrating thence about 
1825 to Elyria, Ohio. There he held several local offices and was much 
respected in the community. In 1843 he removed to Wisconsin and settled 
at the thriving village of Whitewater, which thenceforward became his home. 
There he was elected on the Democratic ticket to the constitutional conven- 
tion and served on the committee on the bill of rights. Mr. Wakeley’s two 
sons both became lawyers, the elder becoming a judge at Omaha, Nebraska. 
The younger son, Charles, was graduated in 1854 with the first class at 
the state University. Both sons lived for many years in Madison, and their 
father was in that city as the representative of Whitewater in the assembly 
in the years 1855 and 1857. He was also chairman of the board of 
supervisors for Whitewater, and member of the county board. He died 
January 12, 1867 at the home of his elder son at Madison. Manuscript 
record. 


JOSHUA WHITE was a temporary resident of Wisconsin, most of his life 
being passed in the northern portion of Illinois. He was born February 15, 
1814 in Loudoun County, Virginia, and well educated for that time. In 
1838 he removed to Illinois and bought land in Ogle County where the village 
of Stillman Valley now stands. In addition to his farming Mr. White ex- 


BIOGRAPHICAL SKETCHES Wie, 


perimented with stock raising and exporting; in 1841 he built flatboats and 
sent the produce of his place via the Rock and Mississippi rivers to New 
Orleans. In 1842 he married and removed to Byron and a few months later 
to Rockford, where he established a furniture business. In 1844 he opened 
a general store at the town of White Oak Springs, Lafayette County, Wisconsin, 
where he also conducted some mining operations. Thence he was elected to 
the convention as a Whig, having been for some years a member of that 
party. In the convention he was a member of the committee on finance. In 
1848 Mr. White removed to Chicago, but after two years in that city he re- 
turned to his Ogle County home and there spent the remainder of his life. 
He was a member of the Illinois legislature in 1857-58 and town supervisor 
for seventeen or eighteen years. His home was the seat of a wide hospitality 
and Mr. White was favorably known throughout all of northern Illinois. 
Despite his Virginia origin he became a Republican and strongly supported 
the government during the Civil War. He died July 16, 1890 at his estate 
in Ogle County. National Magazine, April, 1898; Manuscript record. 


Nintan EDWARDS WHITESIDE was the only member of the convention who 
was a native of Illinois. The Whiteside family was one of the earliest Ameri- 
can groups to settle on what was called “The American Bottom,” in St. Clair 
and Madison counties. They came there in the latter part of the eighteenth 
century, and were defenders of the frontier in the War of 1812. Moses 
Whiteside was a miner in Wisconsin as early as 1828; his relative, Ninian 
Whiteside, probably came to the territory somewhat later, since he was not 
born until 1819. He became popular with his neighbors, and after his ser- 
vice in the convention wherein he served on the committee on the executive, 
he was chosen a member of the territorial council for its last two sessions. 
1847-48. In the latter year he represented Belmont in the first state assembly, 
was nominated for speaker by the Democrats, and elected to that office. Soon 
thereafter he sought the gold mines of California, and, so far as is known, 
never returned to Wisconsin. The date of his death is not known. Tenney 
and Atwood, Memorial Record, 183. 


Vicror M. WizLarp had come from New York, where he was born in 1813, 
to Wisconsin but a short time before the convention in which he represented 
as a Democrat Waterford, Racine County. In that body he served on the com- 
mittee on admission of the state. Mr. Willard was elected to the state senate 
in 1849 for a term of two years. Nothing has been ascertained of his later 
career. Tenney and Atwood, Memorial Record, 183. 


Jor, F. Witson was born at Rupert, Bennington County, Vermont, February 
18, 1801. He became an expert millwright and in that capacity removed to 
Hebron, New York, after his marriage in 1824 to Electa Munson. Twenty 
years later Mr. Wilson brought his family to Wisconsin, where the first year 
was spent at Waukesha. In 1845 Mr. Wilson moved his family north to 
Washington County and became one of the earliest settlers of the village 
of Hartford. From there he was chosen on the Democratic ticket to the 
constitutional convention, in which he served on the committee on admission 
of the state. Mr. Wilson went to Hartford in order to build a sawmill; 


800 WISCONSIN HISTORICAL COLLECTIONS 


afterwards he purchased a mill site and built a mill for his own purposes. 
He was justice of the peace, chairman of Hartford’s first board of super- 
visors, and held several offices of honor and trust. He was highly respected 
in the community, where he died November 29, 1860. History of Washington 
and Ozaukee Counties (Chicago, 1881), 594. 


SUMMARY OF STATISTICS FOR THE FIRST CONSTITUTIONAL 
CONVENTION 


The convention of 1846 was composed of one hundred twenty-four members; 
of these forty-six were born in New York; twenty-one in Vermont; nine each 
in Connecticut and Massachusetts. Six were natives of Pennsylvania, three 
each of New Jersey, Virginia, and Kentucky. South Carolina was the 
birthplace of two; from Maine, New (Hampshire, Rhode Island, Maryland, 
Tennessee, and Illinois there was one apiece. From Europe there had come 
seven from Ireland, three each from England and Germany. The native places 
of three are unknown. Summed up by sections: forty-two were from New 
England; fifty-five from the Middle States; ten from the South; one from the 
Middle West; and thirteen from foreign lands. It should be noted that the pre- 
ponderance from New York and the Middle States is not so great as appears, 
Many of the parents of those born in New York having removed there from 
New England. 

In politics one hundred three of the entire number were elected as 
Democrats; eighteen were Whigs, and three independents. (Farmers were in 
the majority, forty-nine of the members devoting to agriculture their entire 
time, while those engaged in other pursuits for the most part also had farms. 
Twenty-six were lawyers, three physicians, two editors, and one a teacher. 
Twelve had sought Wisconsin in order to engage in mining; most of these, 
however, combined this occupation with farming. Hight were surveyors or 
land agents; three were lumbermen. Six each were either merchants, me- 
chanics, or manufacturers (including millers). One was an Indian agent, 
and one the founder and manager of a cooperative rural community. 


INDEX 


ABOLITIONISTS. See Antislavery 

Historical Index—6253—Gal. 1 
and Negro Suffrage. 

Adjournment of convention, dis- 
cussed, 144, 350, 363-64, 369-71, 
373, 387, 605, 611, 617; recon- 
sidered, 540, 584; resolution for, 
700, 710; accomplished, 713. 

Administrative officers, article on, 
735; compensation for, 394. 

Admission of state, committee on, 
58; report, 267, 392; resolution, 
135, 193, 298-99; reference to, 
310, 314; article on, 559, 733; en- 
grossed, 579; approved, 611; re- 
lation to boundaries, 559-61, 670— 
73. 

Agry, David, member from Brown 
County, 15; in the chair, 117, 
128, 136, 138, 143, 147; intro- 
duces resolution, 17, 28; motion, 
30-31, 362, 408; on committee, 
41, 57, 63-64, 66, 325, 450; votes, 
56, 714-30; chairman of legisla- 
tive committee, 57, 402, 404, 458; 
offers substitute, 365; calls for 
question, 401; moves adjourn- 
ment, 401, 451; absent, 333, 479, 
508, 519, 529, 541, 545, 551; 
leave of absence, 510, 552; 
sketch, 756. 

Alabama, precedents from, 527. 

Albany Evening Journal, cited, 233. 

Aliens. See Foreigners. 

Alton (Ill.), municipal courts, 494. 
500. 

Amendments, committee on, 58; re- 
port, 191-92; article debated, 
339-40; amended, 339-40, 350; 
engrossed, 349; adopted, 350; 
final form, 750. 


51 


Antirent movement, in New York, 
450. 

Antislavery, lecture on, 685. See 
also Negro Suffrage. 

Apportionment, resolution concern- 
ing, 177, 483, 491; provision for, 
211; select committee for, 450, 
681-82; report on, 458-60, 479, 
620-22, 687-88; debate, 465-69, 
479-82, 621, 622-25, 679-83; 
changes, 697, 701; article, 735- 
38; for Congressional districts, 
578, 687-88, 753. See also Sched- 
ule. 

Arbitration, proposed court for, 93, 
294-95, 528; article on, 531, 742. 

Attorney-general. See Administra- 
tive officers. 

Atwood, Elihu L., member from 
Jefferson County, 16; votes, 56, 
714-30; on committee, 58; ab- 
sent, 357, 670, 673; signs consti- 
tution, 755; sketch, 756. 


Bascock, Barnes, member from 
Waukesha County, 16; votes, 56, 
714-30; on committee, 58; leave 
of absence, 177, 200; sketch, 756. 

Babcock, John M., member from 
Dane County, 15; votes, 56, 714- 
30; on committee, 58, 267; leave 
of absence, 271, 519, 670; absent, 
453, 479, 628, 701; signs consti- 
tution, 754; sketch, 757. 

Baird, Henry S., member from 
Brown County, 15; votes, 56, 
714-30; on committees, 17, 57, 
63-64, 66, 329; motion, 4445, 48, 
269, 309, 486, 550; introduces 
resolutions, 18, 370-71, 387, 452, 


802 


455; ciairman of committee on 
local government, 57, 271-72; in 
the chair, 204, 206, 213, 216, 221, 
235, 416, 541-42; moves to 
amend, 309, 351, 517; to table, 
296, 416; recess, 365, 450, 526, 
554, 568; call of house, 605; calls 
division, 554-55; moves to re- 
consider, 611-12; remarks on 
harmony, 21, 23, 66, 274, 520; 
on judiciary, 497, 504-505, 587; 
remarks in general, 282, 352, 387- 
88, 439, 560, 580; asks leave, 
401, 551; leave of absence, 617; 
sketch, 757-58. 

Baker, Charles M., member from 
Walworth County, 16; nomina- 
tion, 27; votes, 56, 714-30; in 
the chair, 98, 103-104; chairman 
judiciary committee, 58, 286, 292, 
295-96, 578-79; on committees, 
17, 41, 682; presents credentials, 
43, 55, 135; introduces resolu- 
tions, 17, 524, 579, 627, 638; mo- 
tions, 34, 76, 144, 491, 525; 
moves to reconsider, 509, 540, 
584; to amend, 18-19, 41, 
44, 55, 68-70, 78, 213, 221, 
239-40, 456, 537, 557, 611, 623, 
685-86, 688, 701, 703-704, 708; 
to adjourn, 30, 510, 677; to table, 
525; offers substitutes, 151-52, 
159-60; general remarks, 46-48, 
52, 205, 208, 222, 228, 268, 282, 
306, 308, 321, 451, 501, 513, 527, 
560; on banking, 109, 117-20, 
126, 181, 490, 520; asks leave, 
177, 267, 684; leave of absence, 
310; absent, 453, 519, 612; signs 
constitution, 754; sketch, 758. 
Baldwin, Judge Roger S., cited, 
372, 381-83. 

Balloting, amendment for, 204-206; 
section on, 743. 

Banks and Banking, committee on, 
58; report, 70-71, 154; minority 
report, 91-92, 117; substitute, 
124-25, 159-60, 181-87, 200; de- 
bate on, 84-87, 98-116, 117-34, 


INDEX 


136, 138-43, 147-76, 178-87, 200- 
204, 470-78, 688-97; amendment, 
178-81, 186, 196-97, 584, 689-90; 
article adopted, 194-96, 201, 204; 
reconsideration of, 362, 493-94, 
507-510, 512, 524, 540, 550, 584, 
605, 611; separate vote on, 462— 
63, 470, 553, 585, 703; petition 
on, 508-10, 626, 695; final form, 
744-45. M4 


Barber, Hiram, member from Dodge 


County, 15; in the chair, 300, 
480; votes, 56, 714-30; on com- 
mittees, 58, 371, 385, 450; pre- 
sents credentials, 107; introduces 
resolutions, 553, 585; motions, 58, 
371, 452; moves to amend, 309, 
606-607, 615, 641, 688; general 
remarks, 59-62, 368-69, 379-80, 
398-400, 439, 451, 466-69, 516, 
521, 531, 543, 590; remarks on 
banking, 148, 195, 692, 697; on 
suffrage, 207; asks leave, 455; 
leave of absence, 701; absent, 
541, 545, 603, 612; signs consti- 
tution, 755; sketch, 758-59. 


Barber, Joel Allen, member from 


Grant County, admitted, 89; on 
committees, 63, 65; votes, 714— 
30; introduces resolutions, 350; 
offers substitute, 373; motion, 
322, 495, 501-502, 670; moves to 
amend, 297, 321, 354, 360-61, 
393, 410, 526-27, 688; general 
remarks, 309, 351, 392-93; re- 
marks on capital punishment, 
426-30; on foreign suffrage, 235— 
38, 252, 254-55, 257; on internal 
improvements, 324; eulogy of 
Burnett, 439-42; asks leave, 684; 
leave of absence, 541, 701; ab- 
sent, 612; sketch, 759. 


Barnard, Henry, lecture, 136; in- 


vited to floor, 144. 


Baxter and Hall, account, 673; al- 


lowed, 706. 


Beall, Samuel W., member from 


Marquette County, 16, 466; 
votes, 56, 714-30; chairman com- 


INDEX 803 


mittee on schedule, 58, 578; re- 
port, 576; on committee, 450; in- 
troduces resolutions, 92, 272, 284; 
motions, 320, 525; moves to 
amend, 365, 387, 409, 537, 586, 
641, 687; to table, 97; calls ques- 
tion, 389; vote on suffrage, 268; 
remarks, 56, 97, 146, 178, 368- 
69, 381, 392, 439, 674; remarks 
on banking, 121, 123-28, 162-63, 
180-82, 696; leave of absence, 
698; absent, 356-57, 508, 529, 
541, 545, 689; signs constitution, 
755; sketch, 759-60. 

Bell, William, member from Wal- 
worth County, 16; votes, 56, 
714-30; on committees, 57, 482- 
83; introduces resolution, 689— 
90, 698; leave of absence, 271; 
absent, 453, 612, 673; signs con- 
stitution, 755; sketch, 760. 
Bennett, James, witness, 456. 
Bennett, Stephen O., member from 
Racine County, 16; votes, 56, 
714-30; on committees, 58, 177, 
401, 682; offers substitutes, 268, 
368, 372, 385; introduces resolu- 
tions, 689, 703, 711; moves to 
amend, 409-10; absent, 519, 541, 
545, 608, 673, 680; leave of ab- 
sence, 271; signs constitution, 
754; sketch, 760-61. 

Benton, Thomas Hart, cited, 231. 
Berry, William, member from Wal- 
worth County, admitted, 135; 
votes, 714-30; on committee, 340; 
moves to adjourn, 357, 394, 401; 
moves to amend, 453; remarks, 
229, 322; asks leave, 310; absent, 
519, 545, 551, 608; leave of ab- 
sence, 628-29, 673, 684; sketch, 
761. 

Bevans, Lorenzo, member from 
Grant County, 15; in the chair, 
615, 617; votes, 56, 714-30; pre- 
sents credentials, 89; chairman 
municipal committee, 58, 310-11; 
report, 490-91, 686; on commit- 
tees, 41, 371, 385, 682; introduces 


resolutions, 627, 637; motions, 
17, 285, 366, 370, 374, 611, 
617, 681; moves to amend, 
218-19, 336, 351, 360, 389-90, 
409, 704; calls division, 274; re 
marks, 129, 159, 181, 216, 222, 
224-25, 252, 274, 306, 371, 378— 
79, 481, 516, 580, 590; remarks 
on banking, 152, 157-58; on edu- 
eation, 572-75; asks leave, 271, 
325, 402; absent, 479, 673, 680; 
signs constitution, 755; sketch, 
761. 

Bill of rights, committee on, 58; re- 
port, 301-303, 490; debate on, 
365-85, 387-89, 517-23; article, 
engrossed, 524; adopted, 526; 
final form, 748-50. 

Bird, A. A., superintendent of pub- 
lie property, 335, 352, 359, 362. 

Black River, watershed, 565. 

Blackstone, Sir William, cited, 236, 
254, 257. 

Blanchard and Company, present 
accounts, 673; allowed, 706. 

Bond, Joseph, witness, 456. 

Boundaries, committee on, 58; ref- 
erence to, 298-300, 617; report, 
311-14; article on, 314-20, 392, 
559; select committee on, 320, 
329, 444, 670-72, 676, 682; re- 
committed, 559, 580, 676; debate 
on, 559-68, 580-83, 603-609, 611- 
14; reconsidered, 603, 611-12, 
670-73, 685, 701-702; article 
adopted, 609, 673, 688; amend- 
ed, 605-606; resolution on, 610, 
617; engrossed, 676; final form, 
732-33. 

Bovee, M. J., contests seat, 266, 
447, 455-56; report on, 460-62; 
expenses, 644, 676, 699. 

Bowen, Davis, member from Green 
County, 15; votes, 56, 714-30; 
on committee, 58, 339, 576; ab- 
sent, 161, 608; leave granted, 177, 
386; call of house, 709; signs 
constitution, 755; sketch, 761. 


804 INDEX 


Bowker, Joseph, member from 
Walworth County, 16; votes, 56, 
714-30; on committees, 58, 93, 
97, 310; remarks, 690; speech on 
banking, 692-95; absent, 333, 
453, 551, 612, 673, 701; signs 
constitution, 755; sketch, 761. 

Boyd, John W., member from Wal- 
worth County, 16; votes, 56, 
714-30; on committee, 57; offers 
resolution, 710; motion, 222-23, 
354; moves to amend, 527-28; re- 
marks, 224; on internal improve- 
ments, 324; asks leave, 524; ab- 
sent, 357, 612; signs constitution, 
755; sketch, 762. 

Brace, Peter A. R., member from 
Crawford County, admitted, 135; 
presents credentials, 188; votes, 
714-30; on committee, 267, 
355; calls question, 412; mo- 
tion, 495, 501; withdrawn, 495, 
502; moves to amend, 561, 704; 
remarks, 228, 374-76, 486, 583, 
647; absent, 479, 529, 545, 608, 
628, 672, 680, 689; signs consti- 
tution, 755; sketch, 762. 

Bradley, Stephen Roe, 
caucus, 154. 

Bronson vs. Kenzie, cited, 380-81; 
explained, 382-83. 

Brown, Beriah, printer for con- 
vention, 56-57; opposes banks, 
157; compensation, 358, 370, 397, 
707, 711. 

Brown, Henry, messenger for con- 
vention, 17, 27. 

Brown, Hiram, member for Green 
County, votes, 56, 714-30; intro- 
duces resolution, 529, 552; on 
committee, 58; moves to amend, 
321; remarks, 451; asks leave, 
177, 221, 470, 576; leave of ab- 
sence, 386; absent, 519, 670, 701; 
signs constitution, 755; sketch, 
762. 

Brown, Isaae, clerk of court, 706. 


proposes 


Brown County, members, 15, 469, 
756-57; on judicial circuit, 293, 
304, 740; apportionment, 458-59, 
578, 621-22, 679-80, 687, 736-37, 
753; courts in, 504. 

Browne, Charles E., member from 
Milwaukee County, admitted, 
128; votes, 714-30; remarks, 
298; moves recess, 320; moves to 
table, 387; leave of absence, 402; 
absent, 479, 673; signs constitu- 
tion, 755; sketch, 762-63. 

Brule’ Lake, as a boundary, 610, 
612, 672. 

Brule’ River (of the Menominee), 
as a boundary, 610, 612, 672. 
Brule’ River (of Lake Superior) as 

a boundary, 607-608. 

Brunson, Rev. Alfred, guardian of 
Burnett children, 452. 

Buchanan, James, cited, 231-33. 

Burchard, Charles, member from 
Waukesha County, 16; seat con- 
tested, 266, 447, 455-56, 460-62; 
expenses for, 627, 637, 676, 699; 
votes, 57, 714-30; on committee, 
58; minority report, 76, 191, 239, 
241-42; presents credentials, 89; 
introduces resolutions, 684-85; 
motion, 335, 550, 579, 688-89; 
moves to amend, 197, 268, 306, 
522; to adjourn, 352, 360, 510; 
question, 690; call of house, 644; 
moves to table, 644; presents pe- 
tition, 210; remarks, 547, 616; 
remarks on banking, 148-51, 195, 
510, 690-91, 695-96; on negro 
suffrage, 222, 224, 241-48, 252, 
522, 542; asks leave, 177, 310, 
576; leave of absence, 363, 701; 
absent, 673; sketch, 763. 

Burgess, William H., witness, 456. 

Burnett, Judith, death, 439. 

Burnett, Lucia M., death, 439. 

Burnett, Thomas P., member from 
Grant County, admitted, 135, 
153; votes, 714-16; on commit- 
tees, 58, 197, 267; presents ere- 
dentials, 191; introduces resolu- 


INDEX 


tion, 189; offers substitute, 229- 
30, 239-40, 252; moves to amend, 
206, 223, 266-67; remarks, 143, 
178, 181, 205, 207; on negro suf- 
frage, 222, 225-26; on foreign 
suffrage, 230-31, 262; leave of 
absence, 271; death, 439, 447, 
713; allowance, 452, 455; eulogy, 
440-43; sketch, 763-64. 
Burnside, Andrew, member from 
Iowa County, 15; mileage, 708; 
votes, 56, 714-30; on committee, 
58, 91; presents petition, 483; in- 
troduces resolution, 92, 268, 273; 
moves division, 137; reconsidera- 
tion, 604; asks leave, 271; absent, 
162, 608, 670, 672; leave of ab- 
sence, 349, 673, 684; signs con- 
stitution, 755; sketch, 764. 


Burnt Wood River. See Brule’. 
Burt, Daniel R., member from 
Grant County, admitted, 191; 


votes, 714-30; on committee, 267, 
617, 682; imtroduces resolution, 
556-57, 610, 617; moves to 
amend, 586-89, 699, 700, 708; 
remarks, 631; leave of absence, 
310, 479, 492, 508; asks leave, 
447, 454; absent, 545, 672-73, 
680, 689; sketch, 764. 


CaLHouN, John C., on banking, 
150-51, 475. 

Calumet County, member, 772; on 
judicial cireuit, 293, 304, 740; 
apportionment, 458-59, 578, 621- 
22, 679-80, 687, 736-37, 753. 

Camp, John H., witness, 456. 

Canal funds, resolution concerning. 
92, 135-37, 193, 637; for pay- 
ment of convention, 180, 189, 196, 
307, 709; report on, 683-84; 
resolutions, 753-54. See also 
Milwaukee & Rock River Canal. 

Capital punishment, resolution con- 
cerning, 92, 145, 453; report, 
337-39, 546-48: debate on, 413— 


—E——————EE—E SS EEE 


805 


16, 418-39; petition concerning, 
626. 

Cartter, James B., member from 
Racine County, admitted, 191; 
votes, 714-30; absent, 479, 603, 
628, 673; on committee, 482-83; 
signs constitution, 754; sketch, 
764-65. 

Catron, Judge John, cited, 383-84. 

Caucus, diseussion of, 21-22, 57, 
152, 154-55, 290, 596; on exemp- 
tions, 647, 659. 

Cazenovia Academy, graduate, 786. 
Census, resolution concerning, 92, 
145; provision for, 210-11, 735. 
Chamberlain, James, member from 

Rock County, 16; votes, 56, 714—- 
30; on.committee, 58, 267; leave 
of absence, 200, 453, 672; ab- 
sent, 268; signs constitution, 755; 

sketch, 765. 

Chaplains, motion on, 27; payment 
for, 360-61, 710. See also Me- 
Hugh, Rev. Stephen and Miner, 
Rev. Samuel E. 

Charley, Robert, witness, 456. 

Chase, Horace, member from Mil- 
waukee County, admitted, 70; 
votes, 714-30; introduces resolu- 
tion, 363, 617; moves division, 
180; calls question, 613; moves 
to amend, 269, 354, 416, 608, 641, 
708-710; moves postponement, 
416; moves reconsideration, 698; 
remarks, 195, 298, 646; leave of 
absence, 458, 628-29; signs con- 
stitution, 755; sketch, 765. 

Chase, Warren, member from Fond 
du Lae County, 15; in the chair, 
568; votes, 56, 714-30; on com- 
mittees, 58, 93, 97, 177, 194, 273, 
327, 339, 395, 539, 576; intro- 
duces resolutions, 42, 4445, 50, 
92, 128, 199, 267, 273, 328, 370, 
387; petition, 271; inquiry, 30; 
motions, 40, 79, 145, 299, 361, 
373, 412, 418, 480, 507-509; pre- 
sents substitute, 300; moves to 
amend, 195, 354, 363, 411, 453, 


806 INDEX. 


515-16; to adjourn, 356, 454; to 
table, 397, 408, 456, 525, 529-30; 
ealls question, 465, 523, 541; 
point of order, 84-86; remarks, 
34, 39-40, 51, 68, 70, 73-74, 106, 
146, 374, 450-51, 464, 466-67, 
508, 543-44, 547, 549; on bank- 
ing, 148; on capital punishment, 
413-15, 418-19; on negro suf- 
rage, 214, 298; asks leave, 271, 
483, 609; absent, 519; leaves con- 
vention, 637; signs constitution, 
755; sketch, 765-66. 

Chicago, municipal courts, 494, 500. 

Chippewa County, on judicial cir- 
euit, 304, 534, 740; apportion- 
ment, 459-60, 479, 481, 578, 620 
622, 679-80, 687, 737, 753; dis- 
tance, 565. 

Chippewa River, settlements near, 
445, 563. 

Cireuit courts for state, 739-42. 

Cireuits, for judicial purposes, 293, 
304, 740. 

Clark, Darwin, account for desks, 
349; allowed, 370, 396; certifi- 
cate for, 698. 

Clark, William H., member from 
Sauk County, 16; votes, 714-30; 
on committee, 58; introduces res- 
olutions, 135, 697; presents peti- 
tion, 444; remarks, 451; on bank- 
ing, 120-21; on suffrage, 275-81; 
absent, 479, 529, 541, 545, 551, 
608, 673, 689, 701; absence ex- 
cused, 333, 493, 672; signs con- 
stitution, 755; sketch, 766. 

Clay, Henry, cited, 231. 

Clayton, John M., cited, 231. 

Clearwater Creek, as a boundary, 
671-72. 

Clerical service, no appropriations 
for, 617, 682-83. 

Clerks of courts, article on, 741-42. 

Clothier, Samuel T., member from 
Jefferson County, admitted, 135; 
votes, 714-30; introduces res- 
olution, 396, 408; 
amend, 354, 411, 413; moves to 


, . 


moves to — 


table, 480; leave of absence, 494; 
absent, 545, 673; signs constitu- 
tion, 755; sketch, 766. 

Codding, Rev. Ichabod, abolitionist, 
284-85. 

Colin, Lambert, witness, 456. 

Colored suffrage. See Negro Suf- 

. frage. 

Columbia County, members, 15, 769, 
777; on judicial cireuit, 293, 304, 
740; apportionment, 459, 578, 
621-22, 679-80, 87, 736-37, 753. 

Committees, permanent, 28; com- 
mittee to arrange for, 41, 43-44; 
members announced, 57-58, 177. 

Common law, resolution on, 524; 
adopted, 550; report on, 578-79. 

Conciliation. See Arbitration. 

Connecticut, school system, 570; 
members of convention from, 762. 
769, 771-72, 775, 780, 796, 798, 
800. 

Constitution of 1846, text, 732-55. 

Constitutional Convention, assem- 
bles, 15; chairman, 24; members, 
15-16, 754-55, 756-80; resi- 
dences, 210; officers, 17-18, 26- 
27, 355, 358, 710, 754-55, 796; 
permanent committees, 27-28, 41, 
4344, 57-58; rules, 17-18, 31-41, 
77-78, 83, 92, 128, 142, 192, 196, 
210, 359, 370, 552, 554, 557-58, 
579, 683-84, 700; printer, 26, 
28-29, 55-57, 78-79, 81, 358, 370, 
704-705; records, 556; smoking, 
in, 212, 221; expenses, 93, 177, 
180, 189, 196, 199, 2as "eas, 
340-41, 348-49, 352, 355-63, 370, 
417, 637, 683-84, 703, 705-707, 
709-10; dissolves, 712-13. See 
also Adjournment, Canal Funds, 
Caucus, Credentials, Journal, 
Oaths, Postage, and Serip. 

Contracts, validity of, 302, 368-69, 
371-85, 522-23, 749. 

Coombs, Edward, member from 
Richland County, admitted, 386; 
votes, 714-30; mileage for, 396; 
leave of absence, 479-80, 492, 


INDEX 807 


508, 629, 670, 672, 689; absent, 
519, 529, 541, 545, 551, 608, 612, 
673, 680; signs constitution, 755; 
sketch, 766. 

Cooper, John, member from Mil- 
waukee County, 16; votes, 56, 
714-30; on committee, 57; pre- 
sents resolution, 212; motion to 
adjourn, 240; to amend, 632, 
641; to table, 630; leave of ab- 
sence, 267; asks leave, 402; ab- 
sent, 689; signs constitution, 
755; sketch, 766-67. 

Corporations, committee on, 58; re- 
port, 188, 406-407; debate, 484, 
487-89; article stricken out, 492; 
resolution for, 644, 676, 698. 
See also Banks and Municipal 
Corporations. 

Counties, committees on organiza- 
tion of, 57, 386; report, 271-72, 
386-87; debated, 351-52, 453; 
amended, 352-54, 411-12; re- 
jected, 417; legislative provision 
for, 739. 

Courts, resolutions concerning, 92- 
93, 135, 145-47, 178; of justices, 
271, 741; municipal, 494-95, 
500, 739. See also Judiciary and 
Supreme Court. 

Coxe, Hopewell, member from 
Washington County, 16; votes, 
56, 714-30; on committee, 58, 76, 
194, 676; absent, 357, 453, 508, 
519, 603; signs constitution, 
755; sketch, 767. 

Crabb, George, printer, 704. 

Craig, Perry, witness, 456. 

Cram, Thomas J., surveyor, 446, 
560, 581, 610, 612, 672. 

Crawford, Gen. John, member from 
Milwaukee County, 16; votes, 
56, 714-30; nominations, 26-27; 
on committees, 58, 93, 97, 386; 
presents credentials, 43, 54, 128; 
resolutions, 284, 305, 516, 524; 
motion, 17, 34-35, 77, 81, 93; 
report, 199, 271, 530; moves to 


amend, 672-73; to adjourn, 216; 
remarks, 53, 93-97, 138, 178-79, 
216-17, 274, 366-67, 385, 495, 
518, 624; on collection of debts, 
341-48; on militia, 305-306; 
asks leave, 386; signs constitu- 
tion, 755; sketch, 767. 

Crawford County, members, 135, 
762; on judicial cireuit, 293, 304, 
534, 740; murder trial in, 429; 
apportionment, 459-60, 578, 620, 
622, 679-80, 687, 697, 701, 737, 
753; boundary sentiment, 560. 

Credentials, committee for, 17; re- 
port of, 18; accepted, 43; con- 
tested seat, 266, 447, 455-56, 
460-62. 

Cruson, Thomas, member from 
Grant County, 15; votes, 56, 
714-30; on committees, 17, 58, 
450; presents credentials, 135; 
introduces resolutions, 199, 213; 
motion, 609; moves to amend, 
305-306; remarks, 450; leave of 
absence, 325, 670, 672-73, 680; 
sketch, 767-68. 

Curtis, G. D., petition of, 417. 

Cushing, Luther S., parliamentary 
manual, 520-21. 


Dauuas, George M., on banking, 
141, 150-51. 

Dane County, members, 15, 757, 
769, 771, 779, 791; clerk’s re- 
port, 483; exemption petitions, 
210, 444; land prices in, 450; 
on judicial circuit, 293, 304, 740; 
apportionment, 459-60, 578, 620- 
22, 679-80, 687, 736-37, 753. 

Dartmouth College, graduates, 756, 
794. 

Davis, R. T., nominated for door- 
keeper, 27. 

Dean, E. B. Jr., presents account, 
361, allowed, 370, 396, 706. 

Debts, collection of, 81, 93-97, 189, 
193, 199, 341-48, 412, 495. See 
also Exemption. 


808 INDEX 


Delaware, precedents from, 260. 

Democratic Review, cited, 372, 391, 
668-69. 

Democrats, divisions among, 53, 72- 
74, 99, 118, 164, 343, 571-72, 
646; number in convention, 800. 

Denizenship, attributes of, 254-57, 
259-61. 

Dennis, William M., member from 
Dodge County, 15; votes, 56, 
714-30; chairman committee on 
expenses, 177, 341, 370; reports, 
352, 568, 706-707; on com- 
mittees, 41, 58, 194, 349, 482-83; 
inquiry, 194; caller, 26; presents 
member, 55; presents petition, 
483; introduces resolutions, 92- 
93, 189, 194, 358, 396, 615, 637, 
644, 708; offers substitute, 568; 
nomination, 27; motion, 17, 24, 
26, 44, 136, 144, 161, 177, 296, 
300, 308, 333, 362, 386-87, 541, 
551, 557, 617, 637, 643, 686, 688- 
89, 701; moves to amend, 197- 
98, 273, 297, 349, 356-57, 537, 
586, 686, 698-99; to adjourn, 67, 
371, 604, 700; to table, 320, 363, 
529, 676; calls question, 546, 
670, 701; call of house, 162; 
moves recess, 639; gives notice, 
654; remarks, 29, 53, 70, 129, 
324, 392, 480; on banking, 148, 
202; asks for leave, 335, 493; 
absent, 453, 672-73; signs con- 
stitution, 755; sketch, 768. 

Dickinson, Nathaniel, member from 
Racine County, 16; votes, 56, 
714-30; on committee, 58; leave 
of absence, 210, 629; absent, 268, 
357, 492; signs constitution, 754; 
sketch, 768. 

Disqualification of members, 388, 
396-401; report on, 490-91; res- 
olutions on, 491, 507, 552-53; 
tabled, 408, 529-30, 552-53; of 
officers, 627-28, 637-38, 686, 697, 
738; passed, 697-98; section on, 
750. 


Distribution act, for public lands, 
298-300, 407-408, 485-86, 733; 
resolution on, 754, 

District attorneys, election of, 742. 

Divorces, section on, 368, 749. 

Dodge, Gov. Henry, charters banks, 
149. 

Dodge County, members, 15, 55, 
107, 759, 768, 773, 780, 783, 786; 
exemption petition from, 483; on 
judicial cireuit, 293, 304, 740; 
apportionment, 459-60, 578, 621- 
22, 679-80, 687, 736-37, 753. 

Doty, James Duane, member from 
Winnebago County, 16, 215; 
votes, 56, 714-30; on committees, 
17, 58, 339-40, 395, 576, 676; 
chairman committee on bound- 
aries, 58, 311, 314, 614; offers 
substitute, 486; introduces reso- 
lution, 81, 97; motion, 392, 605; 
moves to amend, 145, 147, 607, 
676; moves division, 161; moves 
recess, 483; remarks on bound- 
aries, 561, 582, 614; absent, 673, 
689; signs constitution, 755; 
sketch, 768-69. 

Drake, Jeremiah, member from 
Columbia County, 15; votes, 56, — 
714-30; on committee, 58; call 
of house, 680; moves to amend, 
710; remarks, 451, 532, 548, 569, 
624, 628-29, 678, 697; leave of 
absence, 401; signs constitution, 
755; sketch, 769. 

Dubuque (Iowa), bank at, 149. 

Dueling, resolution against, 524; 
article proposed, 576, 685; passed, 
688; in constitution, 750. 

Dunning, Abel, member from Dane 
County, 15; votes, 56, 714-30; 
on committee, 58, 177, 310; leave 
of absence, 200, 519, 628-29; ab- 
sent, 453, 479, 529, 551, 673, 689; 
sketch, 769. 


INDEX 809 


Eppy, Z., petitioner, 491. 

Edgerton, Elisha W., member from 
Waukesha County, 16; votes, 56, 
714-30; on committee, 58, 314; 
moves to amend, 397; to adjourn, 
340; asks leave, 363; absent, 545, 
551, 689, 701; leave of absence, 
576, sketch, 769-70. 


Education, committee on, 58; res- 
olutions for, 199-200, 213, 349; 
reference to, 328, 335; report, 
538-39; debate on, 568-75, 615- 
16; amendments, 617-20; article 
engrossed, 627; adopted, 627; 
final form, 743-44. 

Elective franchise. See Suffrage. 


Ellis, Pitts, member from Wauke- 
sha County, 16, 341; in the chair, 
390; votes, 56, 714-30; on com- 
mittee, 58, 267; introduces res- 
olution, 644, 676; motion to 
amend, 451; to table, 448; to ad- 
journ 84; asks leave, 386; ab- 
sent, 453, 673; leave of absence, 
524, 629; signs constitution, 755; 
sketch, 770. 

Hlmore, Andrew E., member from 
Waukesha County, 16; votes, 57, 
714-30; on committees, 17, 58, 
700, 703, 712; presents petition, 
508-10; offers substitute, 55, 69- 
70, 78; motion, 18-20, 25, 70, 
341, 348, 480-81, 519, 545-46, 
680, 700; moves to amend, 145, 
333, 353, 364, 409, 479, 517; to 
reconsider, 354, 581; to table, 
615; to adjourn, 331, 480, 643, 
711; calls question, 416; re- 
marks, 39-40, 49, 51, 55-56, 146, 
454, 516, 530, 544, 548, 674; on 

’ banking, 143; absent, 492, 541, 
608, 673, 701; leave of absence, 
177, 552; signs constitution, 754; 
sketch, 770-71. 

Eminent Domain, committee on, 58; 
report, 76-77, 392; debate on, 
88, 281-83; additional section, 
282, 298-300, 456-57, 558-59; 


article engrossed, 579; adopted, 
580; article amended, 707; final 
form, 748. 

Enabling Act. See Admission. 

England, members from, 765-66, 
776, 800. 

Engrossment, committee on, 177, 
199, 272, 311, 349, 396, 417, 452, 
455, 470, 524, 556, 579, 584, 610, 
627, 637, 645, 676, 688, 689. 

Escheat to the state, 748. 

Executive, committees on, 57; re- 
port, 325-27; debate on, 392-94, 
401, 408-11; article adopted, 418; 
final form, 733-35. 

Exemption, resolution on, 135, 193, 
303, 516-17, 525; petitions for, 
210, 402, 444, 452, 470, 483, 524, 
626, 654; debate on, 372, 377, 
379 , 631-36, 638-43, 645-70; 
article, 539; engrossed, 645; 
amended, 689; final form, 747— 
48. 

Expenses. See Constitutional Con- 
vention and Scrip. 


FaircHILp, ——, temperance lec- 
turer, 78. 

Field, Martin, witness, 456. 

Finance. See Taxation. 

Fitzgerald, Garrett M., member 
from Milwaukee County, 16; 
votes, 56, 714-30; on committees, 
58, 539; moves to table, 273; to 
adjourn, 643; moves recess, 281; 
absent, 161, 200, 609, 689; leave 
of absence, 356, 386; signs con- 
stitution, 754; sketch, 771. 

Florida, precedents from, 527. 

Fond du Lace County, members, 15, 
46, 760, 765, 771, 776; clerks’ 
reports, 402; on judicial circuit, 
293, 304, 740; apportionment, 
459, 576, 620-22, 679-80, 687, 
736-37, 753. 

Foreigners, suffrage for, 207-208, 
218-20, 223, 229-38, 240, 246-47, 
249-50, 252-65, 276-78, 298, 637, 


810 INDEX 


676; property owners, 200, 213; 
civil rights, 302, 749; petitions 
concerning, 626, 644; vote for 
constitution, 674-75, 677-78, 752; 
suffrage provision, 742-43. 

Fox River Hydraulic Company, 
chartered, 149. 

Fox-Wisconsin Improvement. Com- 
pany, resolution on, 407, 484, 507, 
525; reference to, 469. 

Franchise. See Foreigners, Ne- 
groes, Negro Suffrage, and Suf- 
frage. 

Freedom of assembly, 749. 

French, Haynes, member from Ra- 
cine County, 16; votes, 56, 714- 
30; on committee, 58, 93, 97; 
leave of absence, 540; sketch, 
viral: 

Fuller, Benjamin, member from 
Dane County, 15; votes, 56, 714- 
30; on committees, 58, 637; in- 
troduces resolution, 193, 417; 
presents petition, 210; motion, 
200, 447; absent, 356, 479, 628, 


Giddings, David, member from She- 
boygan County, 16 3 in the chair, 
389-90; teller, 24; votes, 56, 
714-30; on committee, 58; in- 
troduces resolutions, 337, 447; 
motion, 685; moves to amend, 45, 
49, 53, 209, 453; to table, 57; 
point of order, 138; remarks on 
negro suffrage, 209, 214; ab- 
sent, 545; leave of absence, 700; 
sketch, 771-72. 

Gilmore, James, member from 
Grant County, admitted, 989; 
votes, 714-30; on committee, 
273; absent, 268, 498, 529, 603, 
689; leave of absence, 447, 700; 
sketeh, 772. 

Goodell, Lemuel, member from Cal- 
umet County; votes, 56, 714-30; 
on committees, 58, 312, 682; in- 
troduces resolutions, 92, 199, 284, 
585; withdraws resolution, 177, 
305; motion, 331, 451; absent, 
519, 673; signs constitution, 755; 


sketch, 772. 
pik pale eons Same Goodrich, H. C., member from 
cea, iiuie shame, Aine nessa) Portage County, 16; votes, 56, 


714-30; on committee, 58, 482— 

83; absent, 545, 612, 689; signs 

z ae constitution, 755; sketch, 772-73. 

en ae a ee Goodsell, Elihu B., member from 

782. an ‘ Iowa County, votes, 56, 714-30; 

on committee, 58; leave of ab- 

sence, 267, 628; absent, 519, 612; 

sketch, 773. 

Governor. See Executive. 

Graham, Wallace W., member from 


German language, reports in, 296, 
703-704, 708-709. 

Germany, members of convention 
from, 777, 779, 781, 800. 

Gibson, Moses S., member from 


Fond du Lae County, 15; votes, 
56, 714-30; on committees, 58, 
72, 85, 187, 482-83; minority re- 
port, 91-92, 108, 111; presents 
petition, 417; introduces resolu- 
tion, 703; motion, 620; moves 
to amend, 351, 690; remarks, 71- 
74, 139-42, 692, 697; on judici- 
ary, 588-89, 595; on negro suf- 
frage, 217; absent, 356, 609; 
sketch, 771. 


Milwaukee County, 16; votes 56, 
714-30; chairman education com- 
mittee, 58, 538-39; chairman se- 
lect committee, 354-55, 386; on 
committee, 41; presents creden- 
tials, 89; motion, 17, 643; moves 
to amend, 353-54, 522, 618, 642; 
remarks, 568, 615-16; absent, 
529, 689; leave of absence, 402; 
signs constitution, 755; sketch, 
773. 


INDEX 811 


Granger, Benjamin, member from 
Dodge County, 15; votes, 56, 
714-30; on committee, 58, 401; 
ehanges vote, 268; moves to 
amend, 685; absent, 508, 529, 
541, 551, 612, 673, 689; signs 
constitution, 755; sketch, 773. 

Grant County, members, 15, 89, 135, 
191, 759, 761, 763-64, 767, 772, 
774, 776, 797; member dies, 440; 
position on negro suffrage, 226; 
on education, 574; grand jury 
in, 429; foreign landowner, 
449-50; on judicial circuit, 293, 
304, 740; apportionment, 459-60, 
480-81, 578, 621-22, 679, 687, 
736-73, 753; polities in, 625, 
629. 

Gray, Neely, member from Grant 
County, 15; votes, 56, 714-30; 
on committees, 58, 188; intro- 
duces resolutions, 26, 28, 55, 69- 
70, 78, 524; motions, 36, 77, 365, 
392, 540; moves to amend, 332, 
352, 386, 527, 537; to table, 611; 
calls division, 145; question, 397; 
eall of house, 581, 585; moves re- 
cess, 356, 604; remarks, 72-73, 
540, 549; absent, 356, 519, 672; 
leave of absence, 402, 453, 684; 
sketch, 774. 

Green, G. W., petition of, 402. 

Green, William C., member from 
Green County, admitted, 55; 
votes, 56, 714-30; on committee, 
58, 81; leave of absence, 221, 
673, 680; absent, 529, 551, 603, 
672, 701; signs constitution, 755; 
sketch, 774. 

Green County, members, 15, 55, 
761-62, 774, 786; clerk’s report, 
335; on judicial cireuit, 293, 304, 
740; apportionment, 459-60, 578, 
621-22, 679-80, 687, 736-37, 753. 


Hapseas corpus, writ of, 749. 
Hackett, John, member from Rock 
County, admitted, 191; in the 


chair, 513, 526, 530-31, 533, 536; 
votes, 714-30; on committee, 329; 
introduces resolutions, 349, 356- 
57; moves to amend, 323, 411, 
537; to adjourn, 548; remarks, 
285, 542, 544-45; leave of ab- 


sence, 447, 629, 670; sketch, 
774. 

Half-breeds, and suffrage, 208, 223, 
707, 743. 


Hall, George B., member from Rock 
County, 16; votes, 56, 714-30; 
on committee, 58, 314; moves to 
amend, 412; leave of absence, 
519; absent, 356, 673, 689; signs 
constitution, 755; sketch, 774-75, 

Hall, James H., member from Ra- 
eine County, 16; votes, 56, 714— 
30; on committees, 58, 310; 
presents resolution, 135; moves 
to adjourn, 190; absent, 546, 670; 
leave of absence, 604; sketch, 775. 

Hall & Baxter, present accounts, 
673. 

Hamilton Academy, graduate, 766. 

Hammond, Sanford P., member 
from Rock County, 16; creden- 
tials, 43; votes, 56, 714-30; on 
committee, 58, 177, 188; absent, 
689; signs constitution, 755; 
sketch, 775. 

Harkin, Daniel, member from Ra- 
cine County, 16; votes, 56, 714- 
30; on committee, 58; intro- 
duces resolution, 637, 676; re- 
marks, 103, 449, 451, 542, 549; 
on suffrage, 207, 220, 249-50, 
252; on banking, 695; signs 
constitution, 754; sketch, 775. 

Harvey, Christopher, witness, 456. 

Hawes, Morris F., member from 
Walworth County, non-attend- 
ance, 714-30; sketch, 775. 

Hayes, Edward, nominated for 
sergeant at arms, 27; chosen 
doorkeeper, 27. 

Hays, James P., member from La 
Pointe County, admitted, 188; 
votes, 714-30; presents account, 


812 INDEX 


673; moves to amend, 331, 361; 
to adjourn, 553; to reconsider, 
685; absent, 453, 508, 529, 545, 
612, 673, 689; signs constitution, 
755; sketch, 776. 

Hazen, Lorenzo, member from 
Fond du Lae County, 15; votes, 
56, 715-31; on committee, 58, 
311; moves to amend, 329; 
absent, 356, 519, 673, 689; leave 
of absence, 483, 701; sketch, 776. 

Helfenstein, » account, 507. 

Henry, William T., clerk of court, 
706. 

Hesk, William R., member from 
Waukesha County, 16; votes, 56, 
715-31; on committee, 57; pre- 
sents petitions, 470, 644; asks 
leave, 524; absent, 357, 603, 673; 
signs constitution, 755; sketch, 
776. 

Hicks, Franklin Z., member from 
Grant County, admitted, 89; 
votes, 715-31; on committee, 
482-83; presents resolutions, 456, 
483, 493-94, 507; offers substi- 
tute, 186, 336; motion, 603, 612- 
13, 620; moves to amend, 196, 
238-39, 296-97, 321, 361, 411, 
453, 608, 612, 641, 679-80, 707; 
to table, 284, 515; to reconsider, 
362, 508-509; to adjourn, €32; 
remarks, 625; on banking, 106- 
108, 138, 147, 171; eulogy of Bur- 
nett, 442-43; leave of absence, 
386; absert, 545, 680; signs con- 
stitution, 755; sketch, 776. 

Hill, LaFayette, member from Co- 
lumbia County, 15; votes, 56, 
715-31; on committee, 58, 310; 
presents account, 363; leave of 
absence, 450, 603; absent, 268, 
356, 453, 551, 612, 687; signs 
constitution, 755; sketch, 776—- 
77. 

Holcombe, William, member from 
St. Croix County, admitted, 70; 
credentials, 135, 386; votes, 715- 
31; on committee, 329, 444; intro- 


duces resolutions, 320, 329; mo- 
tion, 493; moves to amend, 208, 
559-60, 581-83, 606, 685; to ta- 
ble, 452; to reconsider, 614, 619; 
moves recess, 580; remarks, 467, 
543; on boundaries, 561-68, 607- 
608, 702; absent, 356, 541, 545, 
551; signs constitution, 755; 
sketch, 777. 

Hollister, Asa, witness, 456. 

Holmes, John E., clerk of court, 
706. 

Holt, Benjamin, printer, 55-56, 69, 
78-79. 

Huebschmann, Francis, member 
from Milwaukee County, 16; 
votes, 56, 715-31; on commit- 
tees, 17, 58, 76, 450, 709; pre- 
sents petitions, 483, 626; intro- 
duces resolutions, 93, 397-98; 
withdraws, 178; offers substi- 
tute, 481; moves to amend, 297, 
329, 412-13, 535, 674-75, 677-78, 
704; to table, 401, 700, 708; to 
adjourn, 484; remarks on suf- 
frage, 207, 220, 223, 231-35; 
leave of absence, 545; signs con- 
stitution, 754; sketch, 777. 

Hunkins, Benjamin, member from 
Waukesha County, admitted, 89; 
votes, 715-31; in the chair, 452, 
456, 670; on committees, 177, 311, 
396, 401, 452, 676, 709; reports, 
199, 417, 455, 524, 556, 627, 676, 
688-89; motion, 456, 615, 670, 
673; moves to amend, 195, 284, 
451; to reconsider, 604; to table, 
330, 364, 387, 507; to adjourn, 
198, 269, 348, 453, 466; moves 
recess, 673; remarks, 229, 285, 
348, 522, 691, 696; on banking, 
148; appeals from decision, 698; 
asks leave, 363, 519; absent, 200, 
357, 479, 529, 603, 629, 680, 689; 
sketch; 778. 


Hyer, George, member from Jeffer- 


son County, admitted, 43; votes, 
56, 715-31; on committees, 58, 
701; presents account, 370; intro- 


INDEX 


duces resolutions, 79, 93, 362, 
withdraws, 177; motion, 45, 49, 
53, 709; moves to amend, 688; to 
adjourn, 107; remarks, 359, 628- 
29; on banking, 203-204; leave 
of absence, 188, 271, 451, 519, 
603, 609, 670, 672-73; signs con- 
stitution, 755; sketch, 778. 

Hyer, Nathaniel F., member from 
Dane County, 15; in the chair, 
307-308, 320, 322; votes, 56, 715- 
31; on committees, 58, 81, 371, 
385-86, 482-83; introduces mem- 
ber, 55; resolutions, 43, 117, 145, 
529, 605; motion, 336, 386, 519, 
616, 632; moves to amend, 359, 
371, 373, 391, 412, 526; to recon- 
sider, 626-27; to adjourn, 117, 
206, 339; moves recess, 526; re- 
marks, 146, 384-85, 392, 527, 691, 
696; on corporations, 487-89; 
leave of absence, 177, 541, 701; 
absent, 453; signs constitution, 
755; sketch, 778-79. 


ILuINoIs, voters from, 208; mem- 
ber of convention, 799, 800; 
precedents, 257, 260, 376, 382— 
84; boundary controversy with, 
311, 314-15, 317-18, 560, 607; 
enabling act, 610, 613, 672. 

Impeachment, court of, 739. 

Imprisonment for debt, 199, 213, 
302, 342-44, 346; article concern- 
ing, 749. 

Indiana, banking in, 127; prece- 
dents from, 260. 

Indiana Territory, divided, 316-17, 
671. 

Indians, suffrage rights, 205, 208, 
217, 229-30, 238, 543, 743; lan- 
guages, 296, 704. 

Inman, Israel Jr., member from 
Rock County, admitted, 43; votes, 
56, 715-31; on committee, 57; 
absent, 268, 551, 603, 673; signs 
constitution, 755; sketch, 779. 


Sass. c= 
>> ———SEE Ss 


813 


Internal Improvements, committee 
on, 58; report, 80-81, 323-24, 
404; reference to, 307, 322; de 
bated on, 323-24, 484-89; reso- 
lution, 335, 337; article, 745. 

lowa, precedents from, 126, 291, 
311-12, 316. 

Iowa County, members, 15, 773, 
779-80, 782-83, 785, 792, 794, 
799; division of, 459-60, 534, 
621-22, 737; clerk’s report, 335; 
position on negro suffrage, 226; 
exemption petition from, 444, 
483; on judicial cireuit, 304, 740; 
apportionment, 459-60, 578, 620— 
22, 679-80, 689, 736-37, 753; 
single district system, 629. 

Ireland, members of convention 
from, 757, 771, 773, 775, 789, 795, 
800. 

Isham, Elisha, fireman, 27. 


JACKSON, Andrew, and banking, 
113, 139, 141, 150-51, 475. 

James, Thomas, member from Iowa 
County, votes, 56, 715-31; on 
committees, 57, 676; introduces 
resolutions, 200, 213, 417, 448, 
452, 491, 507; remarks, 448-49; 
leave of absence, 507; absent, 
689; signs constitution, 755; 
sketch, 779. 

Janssen, E. H., member from 
Washington County, 16; votes, 
56, 715-31; on committee, 
58; presents petition, 524; asks 
leave, 507; signs constitution, 
755; sketch, 779-80. 

Jefferson, Thomas, on banking, 
150; on human rights, 275-76; 
parliamentary manual, 519. 

Jefferson County, members, 16, 43, 
55, 135, 756, 766, 778, 787-89, 
795; clerk’s report, 507; attitude 
on banking, 202-204; exemption 
petition, 455; on judicial circuit, 
293, 304, 740; apportionment, 


814 INDEX 


459-60, 481, 578, 621-22, 679- 
80, 687-88, 736-37, 753. 

Jenkins, Thomas, member from 
Iowa County, 16; votes, 56, 715— 
31; on committees, 57, 447, 682; 
moves to amend, 449, 671; pro- 


test, 712; leave of absence, 200;- 


sketch, 780. 

Jewitt, Ellen, murdered, 546. 

Johnson, Daniel M., account, 706. 

Johnson, Col. Richard M., cited, 
278. 

Journal of convention, printing ar- 
ranged for, 524, 556, 585, 610; 
resolution tabled, 550; reconsid- 
ered, 585, 610; amended, 703-705, 
708. 

Judd, Stoddard, member from 
Dodge County, 15; in the chair, 
365, 367-68, 370-71, 454-55, 
480, 486 519-20; votes, 56, 715- 
31; on rules committee, 17, 30-31; 
chairman finance committee, 58, 
90-91, 117, 481, 491, 529; report, 
31, 33, 328; introduces resolu- 
tions, 17, 524, 553, 585, 605; out 
of order, 135-37; motions, 36, 
40-41, 44-45, 107, 142, 187, 268, 
273-75, 285, 356, 412-13, 439, 
483, 492, 494, 500, 525-26, 540, 
616, 701; moves to amend, 51, 
331-32; to reconsider, 330, 507; 
to table, 64, 79, 363-64; calls 
question, 306; call of house, 161; 
moves division, 329; moves to ad- 
journ, 78-79, 83, 283, 309, 322, 
386, 416, 416, 479, 481, 491, 529, 
545; moves recess, 558; remarks, 
20, 34-35, 37, 49-51, 53-54, 60, 
62, 64, 72-74, 84, 146, 284, 308, 
321, 323, 387-88, 451, 464, 513, 
516, 541, 544, 547, 639-40, 646, 
648-49, 686, 692, 697; on bank- 
ing, 121-23, 181, 509; on capital 
punishment, 418-25; on educa- 
tion, 569, 571; on suffrage, 240— 
41, 250-52; leave of absence, 
200; absent, 551, 701; signs con- 
stitution, 755; sketch, 780. 


Judges. See Judiciary. 

Judiciary; committee on, 58; chang- 
es in, 58-67, 97; reference to, 
212-13; report on, 286-96, 578- 
79; minority report, 303-305; 
amendments, 296, 526-28, 579-80, 
585-87, 611, 701; debate on, 364, 
494-506, 512-14, 526-28, 530- 
37, 585-603; elective system, 
287-96, 304, 495, 501, 527, 587- 
603, 626; resolutions for, 524, 
550; article recommitted, 537, 
589; approved, 611; final form, 
739-43. 

Jury, trial by, guaranteed, 749. 

Justice of peace. See Courts. 


KELLOGG, Chauncey, member from 
Racine County, 16; votes, 56, 
715-31; on committees, 58, 91, 
617; introduces resolutions, 584, 
611; motions, 17, 19, 144, 515— 
16, 550, 605; moves ‘to amend, 
619; to table, 611; to adjourn, 
195, 526, 603; calls question, 297; 
excused from voting, 465; re- 
marks, 47, 50, 54, 69, 72, 75, 
146-47, 516, 532, 547-48, 616; on 
banking, 104-105, 178-79; leave 
of absence, 349, 628; sketch, 
780-81. 

Kellogg, Lafayette, secretary of 
convention, 26-27, 704-705, 754— 
55; clerk of supreme court, 706. 

Kenosha. See Southport. 

Kent, James, legal authority, cited, 
237, 257, 260-61, 275, 319, 499. 

Kentucky, members of convention 
from, 441, 763, 767, 779, 797, 
800. 

Kern, C. J., member from Wash- 
ington County, 16; votes, 56, 
715-31; on committee, 58, 188; 
absence excused, 333, 492, 507; 
absent, 357, 519; sketch, 781. 

Keyes, S. S., presents account, 370; 
allowed, 568. 


INDEX 815 


Kinne, Asa, member from Milwau- 
kee County, 16; votes, 56, 715- 
31; on committee, 57; presents 
credentials, 70; introduces resolu- 
tions, 135, 178; motion, 44, 603, 
670; moves to amend, 409, 411, 
451; to table, 328-29, 552; = 
patton, 340, 391, 411, 579, 609; 
call of house, 689; moves to ad- 
journ, 196, 367; recess, 465, 612; 
asks leave, 267, 386, 402, 458, 
699; leave of absence, 701; 
ct 357; signs constitution, 
754; sketch, 781. 


Kinney, Joseph Jr., member from 
Rock County, admitted, 402; 
votes, 715-31; mileage for 408; 
on committee, 637; asks leave, 
447; moves to amend, 528; ab- 
sent, 609, 672-73; signs constitu- 
tion, 755; sketch, 781. 

Kirkpatrick, William, doorkeeper, 
A, 27. 

Knapp, J. Gillet, presents account, 
348; allowed, 397; librarian, 689, 
703. 

Kosciuszko, Thaddeus, reference 
to, 277. 


LAFAYETTE, Marquis de, reference 
to, 277. 

Lafayette County, on judicial cir- 
cuit, 293, 534; member from, 764. 
See also Iowa County. 

Land limitation, resolution for, 
456-57; debate on, 267, 327-28, 
395, 449-50; article tabled, 483. 

Lands. See Canal Fund, Lease- 
holds, and Public Lands. 

La Pointe County, member, 188, 
776; distance, 565; no court of 
record, 208; on a eed circuit, 
304, 534, 74; apportionment, 
459-60, 481, 578, 620, 622, 679- 
80, 689, 737, 753. 

Larkin, Charles, deals in phi 323; 
agent, 194. 


Larkin, Jonathan Jr., territorial 
treasurer, letters, 180, 196, 356; 
criticism of, 194; neath, 3233 
canal fund report, 683-84, 709. 

Leaseholds, of agricultural land, 
328, 395, 449-50; article on, 452, 
454; in constitution, 750. 

Tesidabure: committees on, 57; re- 
port, 210-212, 350-51, 402-404, 
458, 610, 614; debate, 439, 465- 
66, 479-82, 627-30; reference to, 
448 ; articles engrossed, 455, 470, 
637; adopted, 479, “638; amend- 
ed, 620, 706; final a 735-39. 

Label, peeumaone on, 749. 

Liberty of speech and press, 748. 

Libraries, public, provision for, 
538-39, 620; opposed, 569, 571; 
section in constitution, 744. 

Licenses for sale of liquor, article, 
328; resolutions opposed, 417, 
447-48; article concerning, 135, 
193, 200, 328, 395, 413; tabled, 
416. 

Lieutenant governor, attempt to 


eliminate, 392. See also Execu- 
tive. 
Liquor-selling, no licenses for. See 


Licenses. 

Local Government. See Counties. 

Lord, Rev. Cyrus, acts as chaplain, 
191. 

Lotteries, resolutions against, 193, 
417; article, 453; in constitution, 
739. 

Louisiana, precedents from, 260. 

Lovell, Frederick S., member from 
Racine County, 16; in the chair, 
673, 676; votes, 56, 715-31 ; 
chairman committee on aa 
ments, 58, 191-92; presents ere- 
dentials, 191; introduces resolu- 
tion, 610, 617; motion, 20, 41— 
42; 45, 455, 631, 645; moves to 
amend, 45, 330, 332, 351, 365, 
391, 410-11, 481, 579, 584, 589, 
638-39, 642, 676; to reconsider, 
401, 537; ealls division, 44; 
moves to adjourn, 551; remarks, 


816 INDEX 


146-47, 306, 451, 516, 527, 646, 
697; asks leave, 408; absent, 


687, 689; signs constitution, 754; 


sketch, 782. 
Lumbering, in St. Croix region, 562. 
LyBrand, Jacob, petition, 271. 


McCrackEN vs. Haywarp, cited, 
380-81. 

McGee, Edward, witness, 456. 

McHugh, Rev. Stephen, acts as 
chaplain, 80, 117, 144, 188, 199, 
221, 284, 310, 330, 356, 370, 395, 
417, 443, 455, 470, 483, 490, 507, 
515, 529, 552, 576, 605, 617, 637, 
676, 689, 706, 711; discourse on 
Burnett’s death, 452, 462, 470; 
remuneration, 710. 

McHugh, Thomas, assistant secre- 
tary, 363; remuneration, 447. 
Madden, William I., member from 

Towa County, 15; votes, 56, 715- 
31; on committees, 17, 57, 482- 
83; leave of absence, 271, 603, 
673; absent, 670, 672, 701; 

sketch, 782-83. 

Madison, James, on banking, 150, 
475. 

Madison Wisconsin Argus, loses 
convention printing, 81-82; pub- 
lishers, 362. 

Magone, James, member from Mil- 
waukee County, admitted, 89; in 
the chair, 281-82, 341, 548-49, 
631-32, 712; on committee, 329; 
votes, 715-31; presents member, 
144; introduces resolutions, $3, 
335, 387-88, 396-97, 515, 530, 
552, 700; withdraws resolution, 
350; motion, 145, 161, 189, 209, 
273, 296-98, 305, 328, 331, 339, 
355, 466, 469, 492, 499, 529, 550, 
672; moves to amend, 214, 284, 
321, 386-87, 391, 518-19, 525, 
528, 537, 616, 686, 698; to recon- 
sider, 603, 618, 643; to table. 
570, 548; appeal from chair, 
187; calls question, 480, 492; call 


of the house, 200, 529, 545, 628, 
687; changes vote, 545; presents 
account, 348; moves to adjourn, 
163, 362, 369-70, 373, 401, 510—- 
11, 514, 551, 609; moves recess, 
307, 479, 670, 697; remarks, 206, 
274, 385, 387, 392-93, 494, 500, 
511-12, 547, 624, 697; asks 
leave, 363, 386; leave of absence, 
402; absent, 357, 541; altercation 
with Moses M. Strong, 557-58; 
signs constitution, 755; sketch, 
783. ‘ 

Maine, precedents from, 393, 428; 
members of convention, 756, 800. 

Manahan, John H., member from 
Dodge County, admitted, 55; 
votes, 715-31; on committees, 58, 
76, 700; imtroduces resolutions, 
517, 525, 644, 676, 698, 700; mo- 
tion, 307; moves to adjourn, 517; 
remarks, 217, 357, 372, 377, 531; 
Teave of absence, 576; absent, 
545; signs constitution, 755; 
sketch, 783. 

Manitowoe County, members, 16, 
793; on judicial cireuit, 293, 304, 
740; apportionment, 458-59, 483, 
578, 621-22, 679-80, 687, 736— 
37, 753. } 

Marquette County, members, 16, 
760; on judicial cireuit, 293, 304, 
740; apportionment, 458-59, 466— 
69, 578, 621-22, 679-80; 687, 
736-37, 753. 

Married women’s property rights. 
See Women. 

Maryland, precedents from, 260; 
members of convention, 759, 800. 

Massachusetts, precedents from, 
244; members of convention, 756, 
761, 763, 766-67, 771, 785, 788, 
793, 800. 

Meeker, Moses, member from Iowa 
County, 16; votes, 56, 715-31; 
candidate for chairman, 24; on 
credentials committee, 17; chair- 
man internal improvements com- 
mittee, 58, 80-81; introduces 


Po 


at 


INDEX 


resolution, 349, 363; moves to ad- 
journ, 615; asks leave, 545; leave 
of absence, 363; absent, 673, 
689; signs constitution, 755; 
sketch, 783-84. 

Menominee River, as a boundary, 
610, 612, 672. 

Merrill, David, receiver Milwaukee 
and Rock River Canal, 683-84. 
Michigan, banking in, 112, 127, 
148; and foreign suffrage, 231- 
33, 237, 257; elective judiciary 
in, 291; and _ boundaries, 300, 
311-15, 317-19, 560, 607, 672; 
capital punishment in, 428; sells 
railway, 550; school provisions, 

568-69. 

Michigan Territory, erected, 316- 
17; Wisconsin a part of, 441. 
Mileage. See Constitutional Con- 

vention; Expenses. 

Militia, committee on, 58; report, 
80; reference to, 273; debate on 
article, 300, 305-306; amended, 
305; article adopted, 306, 320; 
engrossed, 311; final form, 747. 

Mills, David L., member from Rock 
County, 16; votes, 56, 715-31; on 
committee 57; presents petition, 
490; moves to amend 492, 518; to 
adjourn 546; moves recess, 517; 
remarks, 371, 376-77, 691, 696; 
absent, 161, 200, 689; absence 
excused, 333, 479, 609, 629, 670, 
672; signs constitution, 755; 
sketch, 784. 

Mills, Simeon, publisher, 362; ac- 
count, 370, 397, 707; clerk of 
court, 706. 

Milwaukee, attitude on banking, 
100, 102, 185, 203, 509, 511-12; 
on negro suffrage, 227; on judici- 
ary, 497, 500; bank at, 149; 
railway terminus 488; resolu- 
tions passed at, 511. 

Milwaukee and Rock River Canal, 
receiver, 307, 683-84; resolution 
on, 407, 484, 753-54. See also 
Canal Funds. 


52 


817 


Milwaukee County, members, 16, 
70, 89, 128, 144, 763, 765, 766—- 
67, 771, 773, 777, 781, 783, 796— 
98; clerk’s report, 530; exemp- 
tion petition, 483; on judicial cir- 
euit, 293, 304, 740; apportion- 
ment, 459-60, 578, 621-22, 679- 
80, 687, 736-37, 753. 

Miner, Rey. Samuel E., acts as chap- 
lain, 43, 55, 68, 89, 135, 177, 266, 
271, 301, 325, 349, 363, 386, 402, 
452, 458, 524, 538, 556, 584, 610, 
626, 644, 682, 701, 709; remun- 
eration, 710. 

Mineral Point, bank of, 149, 168; 
meeting at, 158. 

Ministers of the gospel, eligibility 
of, 212, 395-96; petition for, 
458. See also Religious Socie- 
ties. 

Miscellaneous provisions committee, 
58; reference to, 145, 192-93, 
200, 210, 212, 213, 221, 328, 336, 
402, 444, 452, 455, 458, 470, 483, 
524, 550; report, 337, 395-96, 
456, 491, 539, 576; resolutions 
for, 524, 556-57, 627; articles, 
750. 

Mississippi, elective judiciary in, 
291; capital punishment, 428. 
Mississippi River, concurrent juris- 
on upper waters, 44446; as 
diction of, 77, 748; settlements 
boundary 560-66, 581, 607-608, 

610, 613, 671-72, 685, 732-33. 

Missouri, precedents from, 119, 260, 
291, 311-12, 316; member of con- 
vention, 782. 

Mitchell, Alexander, president of 
Fire and Marine Insurance Com- 
pany, 129, 169, 180; depository, 
196. 

Montgomery County, on judicial 
cireuit, 293, 534. See also Iowa 
County. 

Montreal River, boundary, 446, 560, 
581, 610, 612, 672. 

Moore, James M., member from 
Waukesha County, admitted, 54; 


818 INDEX 


votes, 56, 715-31; presents reso- 
lution, 212, 470, 483; remarks, 
151, 222, 228, 516, 543; moves 
recess, 530, 615; moves to amend, 
710; absent, 357, 672; leave of 
absence, 586, 700; signs constitu- 
tion, 755; sketch, 784. 

Morris, Thomas, cited, 231. 

Mukwonago, elective board, 456, 
460-62; petition from, 510. 

Municipal corporations, committee 
on, 58; report, 310-11; referred 
to special committee, 337, 401; 
debated, 390-92, 579-80; report 
of special committee, 533; recom- 
mitted, 541; engrossed, 548-50, 
556; rejected, 579-80. 

Municipal courts, legislative act for, 
739. 

Murray, Charles Augustus, owns 
Wisconsin land, 449-50. 


Native American party, reference 
to, 231, 233. 

Naturalization, attribute of Con- 
gress, 743. 

Negro suffrage, petitions for, 210, 
271, 417; debate on, 214-18, 221— 
29, 240-48, 278-81, 298, 522, 
542-45; in constitution, 209; 
separate vote on, 93, 177-78, 
212, 221, 223-29, 239-40, 248, 
250; adopted, 272-73, 412, 585, 
706; reconsidered, 541, 681, 701- 
702; article engrossed, 584; sep- 
arate resolution, 755. 

New England, precedents from, 628. 

New Hampshire, boundaries, 312; 
precedents from, 244; member of 
convention, 765, 800. 

New Jersey, precedents from, 372, 
374, 378, 381; members of con- 
vention, 777, 783, 797, 800. 

New York, boundaries, 312; prece- 
dents from, 20, 37, 94, 127, 142, 
148, 217, 224, 245, 260, 285, 291, 
308, 372, 379-81, 550, 646, 694; 


debt collection in, 342, 344, 346, 
646; prison system, 422; anti- 
rent movement, 450; judiciary 
system, 496, 498, 502-503, 588; 
members of convention from, 
756, 758, 760-62, 764, 766, 768— 
72, 774-76, 778, 781, 783-88, 790- 
91, 793, 795, 799, 800. 

New York Tribune, cited, 233. 

Nicollet, Joseph N., map, 446, 560, 
565, 610, 613, 671-72. 

Nisi prius system. See Supreme 
Court. 

Noggle, David, member from Rock 
County, 16; teller, 24; votes, 56, 
715-31; nomination, 27; presents 
credentials, 119, 402; petition, 
524; chairman corporations com- 
mitteey 58, 88; on committee, 
340; motions, 17, 161, 284-85, 
612, 687; withdraws motion, 719; 
introduces resolutions, 335, 408, 
529, 552, 557; moves to amend, 
161, 206, 391, 410, 622, 642; 
moves recess, 620, 631; remarks, 
321, 358-59, 368, 391, 410, 627, 
642; on banking, 107-14, 142, 
691, 696; on exemption, 658-70; 
asks leave, 401, 519, 523; leave 
of absence, 447, 680; absent, 701; 
signs constitution, 755; sketch, 
784-85. 

Nonresidents, and taxation, 733. 


Normal schools, funds for, 616, 
618. 

North Carolina, precedents from, 
260, 278-79. 


Norwegian language, reports in, 
296, 703-704, 709. 


OarHs, for convention members, 
349, 364; for foreigners, 673-74, 
677-78, 743; for legislators, 739. 

O’Connor, Bostwick, member from 
Washington County, 16; votes, 
56, 715-31; chairman preamble 
committee, 58, 310; on commit- 


INDEX 819 


tees, 58; minority report, 304; 
introduces resolutions, 408, 706, 
708-709; moves to amend, 334, 
620; to table, 408, 703; to ad- 
journ, 371, 416, 523; moves re- 
cess, 411; remarks, 205, 385; 
leave of absence, 689; absent, 
357, 612, 673, 687; signs consti- 
tution, 755; sketch, 785. 

Ohio, banking in, 127; precedents 
from, 260, 375, 378, 501; bound- 
ary controversy, 318; area, 564; 
member of convention from, 774. 

Olin, Justin, witness, 456. 

Olin, Justin S., witness, 456. 

Ordinance of 1787, cited, 299, 310, 
390; on boundaries, 312-14, 317, 
445, 582, 605-607, 671; extract 
from, 315-16. 


PAPER money, forbidden, 745. See 
also Banks and Scrip. 

Pardoning power, vested in gover- 
nor, 734. 

Parkinson, Daniel M., member 
from Iowa County, 15, 702; 
votes, 56, 715-31; on committee, 
58, 93, 97, 267; introduces reso- 
lutions, 135, 193, 708; remarks, 
63-64, 229, 359; asks leave, 271, 
349, 684; leave of absence, 401; 
absent, 545, 689; excused from 
voting, 690; sketch, 785. 

Parks, Rufus, member from Wau- 
kesha County, 16; credentials, 
18, 89; votes, 56, 715-31; chair- 
man revision committee, 58, 701, 
706; on committees, 58, 340, 482- 
83; introduces resolution, 44; mo- 
tion, 321-22, 528, 541, 543, 553— 
54, 612-13; moves to amend, 
360-61, 623; to reconsider, 585; 
to table, 611, 617; call of house, 
519, 608, 629; calls question, 
551; remarks, 181, 186, 229, 252, 
282, 285, 532, 613-14, 628-29, 


697, 702-703; on banking, 129— 


34, 692; asks leave, 349; leave of 
absence, 363, 680; absent, 541; 
sketch, 785-86. 

Parsons, Chatfield H., member from 
Racine County, 16; votes, 715- 
31; on committees, 58, 273; in- 
troduces resolution, 29-30; mem- 
orial, 626, 695; moves to amend, 
641-43, 698; remarks, 692, 696- 
97; leave of absence, 349, 603, 
680; absent, 356-57, 519, 545, 
672-73.; signs constitution, 754; 
sketch, 786. 

Patch, Horace D., member from 
Dodge County, admitted, 107; 
votes, 715-31; presents petition, 
402; moves recess, 631; speech 
on exemption, 632-36; leave of 
absence, 455, 603; asks leave, 
576; absent, 356, 479, 613, 701; 


signs constitution, 755; sketch, 
786. 
Paupers, and the suffrage, 208-209. 
Pennsylvania, precedents from, 


216, 260; members of convention, 
761, 767, 776, 779, 784, 792, 800. 

Pepin Lake, farms near, 562-63; as 
a boundary, 607-608, 671-72, 
685, 732-33. 

Phelps, Noah, member from Green 
County, 15; in the chair, 413; 
votes, 56, 715-31; on committees, 
41, 58, 177, 187, 194, 349; intro- 
duces resolution, 193-94; pre- 
sents account, 349, 364; motions, 
81, 281, 341, 554; moves to 
amend, 296, 704; to table, 360; 
to adjourn, 673, 681; remarks, 
300, 521; leave of absence, 200, 
470, 576; absent, 333, 356-57, 
453, 529, 541, 551, 672, 687, 689; 
signs constitution, 755; sketch, 
786. 

Philips Andover Academy, gradu- 
ate, 785. 

Pierce, Joseph S., member from 
Rock County, 16; votes, 56, 715- 
31; on committee, 58, 311, 682; 


820 INDEX 


wolf story, 695; absent, 161-62, 
357, 453, 508, 689; leave of ab- 
sence, 523; signs constitution, 
755; sketch, 786. 

Polk, James K., on banking, 150— 
51, 475. 

Portage County, members, 16, 772; 
clerk’s report, 386; on judicial 
circuit, 293, 304, 740; apportion- 
ment, 458, 578, 622, 679-80, 689, 
737. 

Postage, for members of conven- 
tion, 93, 178. 

Postmasters, and local offices, 206, 
211, 623, 738. 

Prairie du Chien, bank at, 149. 

Prairie du Chien Patriot, publish- 


er, 704. 
Preamble, committee on, 58; re- 
port, 310; debate, 389-90; en- 


grossed, 396; adopted, 401; final 
form, 732. 

Prentiss, Theodore, member from 
Jefferson County, 16; votes, 56, 
715-31; chairman admission com- 
mittee, 267; on committees, 41, 
58; introduces resolution, 93; 
moves to amend, 408, 559; moves 
substitute, 200, 202; remarks, 
298; speech on banking, 115-16, 
201-202, 204; asks leave, 79, 
322; absent, 268, 333, 479, 508, 
529, 545, 689; sketch, 787. 

Printer for the convention, 26, 28— 
29, 55-57, 78-79, 81-82, 193, 
704-705; compensation, 358, 707— 
708; for the state, 637, 644, 698— 
99. 

Probate courts, established, 739, 
741. 

Property, rights of, 749. 

Public Debt, See Taxation. 

Public instruction, superintendent 
of, 743-44. See also Education. 

Public lands, debate on, 298-300; 
distribution to states, 298-300, 
407-408, 485-86, 754, 783; re- 
striction on sale of, 327-28; for 


internal improvements, 334-35, 
337, 745. See also Canal Fund, 
Education, and University. 
Putnam, Levi, account, 397, 706. 
Pyncheon, William, presents ac- 
count, 402; allowed, 706. 


Qurnisec Falls, mark boundary, 
672. 
Quorum, provision for, 738. 


RAcINne, proposed railway terminus, 
488. 

Racine Advocate, cited, 152, 156. 

Racine County, members, 16, 191, 
760, 764, 768, 771, 775, 781-82, 
786, 789, 793, 799; clerk’s re- 
port, 530; exemption petition 
from, 452, 626; memorial, 626, 
695; on judicial circuit, 293, 304, 
740; apportionment, 459-60, 481, 
578, 621-22, 679-80, 689, 736-37, 
753; single district system, 629. 

Railroads, proposals for, 488; sold, 
550. 

Randall, Alexander W., member 
from Waukesha County, admit- 
ted, 59; votes, 715-31; on com- 
mittees, 58, 188, 197, 682; intro- 
duces resolutions, 197-98, 272-73, 
284, 305, 320, 340, 349, 362, 412, 
542, 544; presents account, 362; 
motion, 186; moves to amend, 
336, 340, 448, 510, 523, 541; calls 
question, 642; moves to adjourn, 
632, 710; final adjournment, 712; 
remarks, 143, 181, 285, 306, 351, 
548; on banking, 164-76, 195, 
465, 697; on suffrage, 207, 218, 
240, 251, 542; leave of absence, 
363, 519, 603; absent, 357, 453, 
479, 529, 609, 672, 701; sketch, 
787-88. 

Rankin, Aaron, member from Jef- 
ferson County, 16; votes, 56, 
715-31; on committees, 57, 188; 
asks leave, 271; leave of ab- 


———_— 


INDEX 821 


sence, 484; absent, 200, 357, 529, 
551; signs constitution, 755; 
sketch, 788. 

Rawle, William, cited, 237. 

Reed, George B., member from 
Waukesha County, 16; votes, 56, 
715-31; chairman committee on 
executive, 57, 327; on committee, 
41; introduces resolutions, 335, 
462, 470, 584, 611; presents pc- 
tition, 266; motion, 584, 611; 
moves to amend, 207, 213; call of 
house, $12; remarks, 198, 464 
614; on banking, 470-78; asks 
leave, 676; leave of absence, 349, 
603; absent, 333, 670, 672; 
sketch, 788. 

Religious societies, no state funds 
for, 320, 328, 522, 700. See also 
Ministers of the Gospel. 

Religious test, not to be required, 
749. 

Revision committee on, 58, 177, 524, 
529; resolution concerning, 552, 
689; report, 701, 706, 712; ar- 
ticle on, 750-51. 

Rhode Island, member of conven- 
tion from, 768, 800. 

Richardson, E. B., witness, 456. 

Richland County, members, 386, 
766; on judicial circuit, 293, 304, 
740; apportionment, 459-60, 
479, 578, 620-22, 679-80, 689, 
697, 701, 737, 753. 


Rittenhouse, William, clerk of 
court, 706. 

Robinson, ——,, tried for murder, 
546. 

Rock County, members, 16, 191, 


402, 765, 774-75, 779, 784, 787, 
790; exemption petition, 524; 
sentiment on banking, 691; on 
judicial cireuit, 293, 304, 740; 
apportionment, 459-60, 578, 621— 
22, 679-80, 689, 736-37, 753. 
Rogan, Patrick, member from Jef- 
ferson County, 16; votes, 56, 
715-31; on committee, 58; moves 


to amend, 296, 641, 699; presents 
petition, 455; introduces resolu- 
tion, 610, 617; granted leave of 
absence, 79, 335, 514; absent, 
200, 519, 701; signs constitution, 
755; sketch, 789. 

Rules, for convention, 17-18, 31- 
33; debated, 33-41; adopted, 77- 
78; amended, 83, 92, 128, 142, 
192, 196, 359, 552, 557, 579, 584; 
revision of, 197, 210; added, 370; 
resolutions on, 529, 554. 

Ryan, Edward G., member from 
Racine County, 16; votes, 56, 
715-31; nomination, 27; chair- 
man committee on banking, 58, 
70-74, 103, 107, 154, 189; on 
committees, 17, 41, 58, 187, 340, 
386, 404, 451, 539; introduces 
resolutions, 197, 359, 507, 524, 
626-27, 637, 686; motions, 19, 24, 
28-29, 40-41, 107, 213, 322, 336- 
37, 479, 490, 494, 559, 580-82, 
614, 616-17, 626, 629, 698; moves 
to amend, 45, 49, 137, 160-62, 
206-208, 281-83, 297, 308-309, 
323, 331-33, 339, 353, 368-69, 
371, 373-74, 386, 391, 522, 533, 
535-36, 540, 623, 625, 632, 638— 
39, 679-81, 690, 704, 707-709; to 
reconsider, 644; to table, 480-81, 
585; call of house, 356, 492, 670; 
question, 361, 632, 685; moves to 
adjourn, 339-40, 494, 537, 568, 
700, 707-708; moves recess, 484, 
514; remarks (general), 31, 34- 
36, 39, 46-47, 51-54, 65, 129, 138, 
205, 207, 220, 285, 321, 353, 364, 
371, 380-81, 390-92, 569, 624, 
629, 646, 649, 685;0n banking, 
84-87, 103-104, 123, 156, 195, 
512, 520, 691-93, 697; on capital 
punishment, 546-47; on caucus, 
21-24, 57; on constitution, 165; 
on foreign suffrage, 252-65, 674- 
75, 678; on judiciary, 494-96, 
500-502, 513, 527, 531-32, 587- 
603; on negro suffrage, 214-15; 


822 INDEX 


on women’s rights, 631; on ad- 
journment of convention, 20, 79; 
asks to be excused, 60—64; asks 
leave, 271, 519; leave of absence, 
408; absent, 551; signs constitu- 
tion, 754; sketch, 789-90. 


St. Crorx County, member, 70, 386, 
560; 777; on judicial circuit, 304, 
534, 740; apportionment, 459-60, 
481, 578, 620, 622, 679-80, 689, 
737, 753. 

St. Croix Lake, seat for new terri- 
tory, 565; on boundary, 685, 732- 
33; 

St. Croix River, as a boundary, 
566, 608, 610, 613, 672; settle- 
ments on 445-46, 566-67, 583, 
608; navigation, 561-62; water 
power, 563. 

St. Louis (Mo.), lumber at, 562. 

St. Louis River, and boundary, 
445-46, 561, 566, 610, 612-13, 
671-72, 685, 732-33. 

St. Peter’s River, seat for new ter- 
ritory, 565. 

Sargeant, N. P., cited, 237. 

Sauk County, members, 16, 766; 
exemption petition, 444; on ju- 
dicial circuit, 293, 304, 740; ap- 
portionment, 459, 578, 620-22, 
679-80, 689, 697, 736-37, 753. 

Schedule for organization, commit- 
tee on, 58; reference to, 305, 626, 
644; resolution concerning, 530, 
552; report, 576-78, 686-87; de- 
bate on, 673-83, 687-88; select 
committee on, 681-82, 686; 
passed, 698; final form, 751-53. 

Schoeffler, Moritz, printer, 704. 

Seovill, S. Yates, witness, 456. 

Serip, for payment of members, 
615, 700, 703, 709-10; printed, 
711; for state debt, 746. 

Seaver, Lyman H., member from 
Walworth County, 16; votes. 56, 
715-31; on committee, 58; leave 
of absence, 524; absent, 612; 


signs constitution, 
790. 

Secret Societies, opposition to, 626. 

Secretary of State. See Adminis- 
trative officers. 

Senate, presiding officer, 734; court 
of impeachment, 739. See also 
Legislature. 

Seventh-day sectaries, petition, 490; 
amendment for, 518. 

Sheboygan County, members, 16, 
772; on judicial circuit, 293, 304, 
740; apportionment, 459, 578, 
621-22, 679-80, 689, 736-37, 753. 

Sherman, Roger, jurist, 498, 505. 

Shields and Sneden, account, 507; 
allowed, 706. 

Silvernail, Leonard, P., witness, 
456. 

Single Distriet system, proposed, 
93; debated, 451, 623-25, 628- 
30. See also Legislature. 

Smart, Joseph, witness, 456. 

Smith, A. Hyatt, member from 
Rock County, 16; votes, 56, 715- 
31; chairman committee on emi- 
nent domain, 58, 76-77, 282; on 
apportionment, 460, 482-83, 622; 
on committees, 41, 349, 371, 385, 
676; report, 490-91, 610, 682; 
presents credentials, 135; con- 
tract, 335; introduces resolutions, 
17, 698, 706, 710; motions, 17, 59, 
62-63, 128, 296, 357, 359, 365-66, 
479-82, 550, 676, 687, 707, 709; 
moves to amend, 145, 239, 268, 
323, 330, 333, 357, 393, 412, 557, 
579, 615, 620, 704, 708; to table, 
550, 638; call of house, 551; calls 
question, 413; moves recess, 541; 
remarks, 299-300, 439, 451, 624, 
646; on banking, 111, 123, 128- 
29, 158, 691, 696; asks leave, 
519; absent, 603; signs constitu- 
tion, 754; sketch, 790. 

Smith, George B., member from 
Dane County, 15; nomination, 
27; votes, 56, 715-31; chairman 
committee on bill of rights, 58, 


755; sketch, 


INDEX 823 


301-303; on committees, 41, 63- 
64, 66, 303; minority report on 
judiciary, 303-304; presents ac- 
counts, 397, 402; presents peti- 
tion, 444; introduces resolutions, 
67, 320, 328; withdraws, resolu- 
tion, 97; motions, 28, 57, 495, 
500-501; moves to amend, 178, 
197, 323-24; remarks, 49, 53, 61, 
143, 195, 329, 368-69, 372, 377- 
78, 451, 513-14, 547, 590; asks 
leave, 519; absent, 479, 529, 541, 
§45, 612, 687, 689, 701; signs 
constitution, 755; sketch, 790-91. 

Smith, John Y., member from 
Dane County, 15; in the chair, 
339; votes, 715-31; on commit- 

~ tee, 17, 58, 194, 617; asks for use 
of hall, 78; motion, 297, 620; 
moves to amend, 298-99, 321, 
331; remarks, 18-19, 81-82, 157, 
194, 207, 322, 359, 542; on bank- 
ing, 138-39, 141, 148, 173, 181; 
on capital punishment, 430-39; 
on judiciary, 588; leave of ab- 
sence, 689; absent, 356-57, 453, 
479-80, 492, 519, 551, 673, 687; 
signs constitution, 754; sketch, 
791. 

Smith, Sewall, member from Wal- 
worth County, 16; votes, 56, 715- 
31; on committee, 58, 187, 349; 
leave of absence, 267; absent, 
268, 673; signs constitution, 755; 
sketch, 791-92. 

Smith, William R., member from 
Iowa County, 16; temporary 
chairman, 15; in the chair, 440, 
494, 499; candidate for perma- 
nent chairman, 24; votes, 56, 715- 
31; chairman militia committee, 
58, 80, 305-306; on committees, 
17, 58, 267, 340, 355, 371, 385, 
450, 460, 462, 637, 699; reports, 
447, 455-56 , 683-84; presents 
credentials, 386; petitions, 444, 
458; introduces resolutions, 17, 
27-28, 43, 212, 221, 340, 452, 
462, 470, 556, 585, 627, 703, 708, 


712; offers substitute, 368; mo- 
tions, 34, 60, 266-67, 307, 364— 
65, 611; moves to amend, 282- 
83, 297, 339, 353, 357-58, 360, 
410-11, 453, 604, 619, 631, 704; 
withdraws amendment, 361; point 
of order, 608; moves to adjourn, 
688; remarks, 19, 34, 38, 51, 59, 
138, 215-16, 351, 358, 425-26, 
449-51, 467, 486, 513-14, 521, 
548, 560, 616, 639; on banking, 
84, 86, 98-103, 105-106, 108, 152- 
60, 195, 697; asks leave, 267, 363; 
signs constitution, 755; sketch, 
792-93. 

Soper, Evander M., member from 
Manitowoc County, 16; votes, 56, 
715-31; on committee, 58, 187; 
presents resolution, 483; with- 
draws resolution, 491; absent, 
333, 673; signs constitution, 755; 
sketch, 793. 

South Carolina, precedents from, 
260; members of convention, 764, 
780, 800. 

Southport, supposed railway termi- 
nus, 488. 

Spencer, J. C., jurist, 498, 505. 

Starks, Henry, messenger, 27. 

Starkweather, John, sergeant at 
arms, 17, 27, 396, 408, 479. 

Statutes, revision of, 295, 742. 

Steele, Elijah, member from Racine 
County, 16; votes, 56, 715-31; 
chairman miscellaneous provi- 
sions committee, 58, 337, 395, 
491, 539; on committees, 41, 58, 
355; excused from, 65; reports, 
43-44; presents petition, 452; 
introduces resolutions, 30, 408, 
417; accepts motion, 41; motion, 
360; moves to amend, 125, 409; 
to adjourn, 452; remarks, 45-46, 
50-54, 68, 70, 368-69, 372, 377, 
451, 543-44; on banking, 148, 
181-85; asks leave, 450, 540, 552; 
leave of absence, 200, 519; ab- 
sent, 453, 545, 551; sketch, 793. 


824 INDEX 


Stockman, George, witness, 456. 

Stockwell, Thomas, member for Ra- 
cine County, nonattendance of, 
715-31; sketch, 793. 

Story, Joseph, cited, 237, 496, 498. 

Strong, Marshall M., member from 
Racine County, 16; candidate for 
chairman, 24; in the chair, 416, 
558; votes, 56, 715-31; chair- 
man committee on legislature, 57, 
210; chairman committee on en- 
grossment, 177, 272, 349, 417, 
579, 584, 610, 637, 645; report, 
470; on committees, 17, 57, 197, 
450; presents account, 361; in- 
troduces resolutions, 142, 177, 
192, 196, 552, 557, 579, 584; of- 
fers substitute, 365; point of or- 
der, 136-37, 151, 241, 519-20; 
motions, 45, 48, 98, 200, 350, 537, 
541, 551; withdraws motion, 49; 
moves to amend, 41, 189, 195, 
208, 210, 334, 352, 360, 410, 414, 
453, 528, 549, 569, 604, 608, 630, 
638-39, 641-42; to table, 360; to 
adjourn, 143, 551; moves ques- 
tion, 187, 454; recess, 296, 493; 
remarks (general), 77, 88, 178, 
282, 306, 308, 365, 372, 385, 450- 
51, 464-65, 493, 541, 550, 552, 
645-46; on banking, 106, 126, 
152, 157, 195; on caucus, 20-22; 
on exemption, 647-58; on judici- 
ary, 61-62, 496, 501, 503; on ne- 
gro suffrage, 215; on printing, 
29; on rules, 34, 37-38; exeused, 
66; requests leave, 210, 349, 628; 
absent, 356-57, 672; resignation, 
673; sketch, 793-94. 

Strong, Moses M., member from 
Iowa County, 15; president pro 
tem, 17, 486; in the chair, 351, 
592, 439, 450, 554; candidate for 
permanent chairman, 24; nomi- 
nations, 26-27; chairman suffrage 
committee, 58, 75-76, 199, 204; 
chairman committee to revise 


rules, 197, 210; on committees, 
41, 349, 450; reports, 355, 452, 
458; votes, 56, 715-31; teller, 
26; proposes rule, 83-84; in- 
quiry, 57; gives notice, 77; pre- 
sents account, 507; introduces 
resolutions, 41, 349; offers sub- 
stitute, 392; point of order, 606; 
appeals from chair’s decision, 
493, 557; motion, 28, 34-36, 39- 
40, 44-45, 48-49, 71-72, 78, 86, 
104, 117, 128, 136-37, 198, 200, 
210, 221, 238-39, 357, 371, 447, 
450, 455-56, 463, 480, 530-31, 
545, 579, 585, 617, 644, 673, 687, 
701; moves to amend, 41, 68-70, 
77, 145, 147, 161, 193, 195-96, 
223, 229, 238, 266, 350, 359-61, 
364, 387, 389-90, 401, 449, 465- 
66, 469-70, 479-80, 541, 545, 581 
584, 603-604, 606-607, 612, 629, 
670, 679-80; withdraws motion, 
81-82, 480-81, 532; calls ques- 
tion, 197, 269, 357-58, 387, 508- 
510, 548, 611, 630, 705; calls di- 
vision, 33, 50, 371; call of house, 
268, 357, 453, 508, 672-73; moves 
to adjourn, 25, 29, 54, 142, 144, 
163, 180, 269, 364, 370, 392, 454, 
457, 469, 625, 687; recess, 204, 
221, 391, 703; moves to reconsid- 
er, 361, 541, 545, 673, 701-702; 
to table. 57. 362, 386, 460. 540, 
605, 617: remarks (general), 33- 
34, 46-47. 52-54. 56, 58-59. 61, 
63. 68. 72-74, 87-90. 100, 103, 
146, 208. 350, 359, 367. 387-88. 
398-99. 426. 464, 560, 580, 629; 
on completion of constitution, 
702; on negro suffrage, 215, 224. 
226-27, 229, 542-44; on rules, 
38-39; on suffrage, 207-208, 213— 
14, 219-20, 223; charges against 
editor, 363; altercation with Ma- 
gone, 557-58; asks to be excused, 
63-66; leave of absence, 267, 275, 
511; absent, 356, 541, 551, 603, 
628, 670; sketch, 794. 


INDEX 825 


Suffrage, committee on, 58; report, 
75-76; minority report, 191, 239, 
241, 247; debate on, 190, 199, 
204-209, 213-65, 275-81, 297-98; 
amendments proposed, 204-208, 
238-40, 268-69, 297; substitute, 
229-38; reference to, 284-85; ar- 
ticle adopted, 269, 273-75, 297- 
98; engrossed, 272; amended, 
706; final form, 742-43. See al- 
so Foreigners and Negro Suf- 
frage. 

Suits against state, legislative di- 
rection of, 737. 

Sumner, Charles, cited, 498. 

Superior Lake, as boundary, 560, 
565, 607-608, 610, 612, 672; set- 
tlements at west end, 44446, 
561, 563-67; soil near, 562-63. 

Supreme Court, organization, 286, 
292-94, 303-304, 495-506, 513- 
14, 537; article adopted, 526-27; 
final form, 739-41. See also Ju- 
diciary. 


TaxaTION, Finance, and _ Public 
Debt, committee on, 58; report, 
90-91; reference to, 193, 307; ar- 
ticle debated, 307-309, 320-24, 
329-34; amended, 329-34, 336, 
491-93, 525; referred to special 
committee, 336-37; report, 404- 
406, 451, 484-87; article as 
adopted, 745-46. See also Li- 
censes and Education. 

Taylor, Hiram, secretary, 17, 27. 

Temperance, lecture on, 78. See 
also Licenses for sale of liquor. 

Tennessee, member of convention 
from, 785, 800. 

Texas, precedents from, 119, 126, 
647, 659-60, 668-69. 

Thanksgiving day, recess for, 554- 
55. 

Theatres, licenses for, 417; article 
to prohibit, 458. 

Theological seminaries. See Reli- 
gious Societies. 


Toland, Patrick, member from 
Washington County, 16; votes, 
56, 715-31; on committee, 58, 91; 
presents petition, 524, 626; moves 
to amend, 703; leave of absence, 
363; signs constitution, 755; 
sketch, 795. 

Topping, Josiah, member from 
Walworth County, 16; votes, 56, 
715-31; on committee, 58; leave 
of absence, 200, 267; absent, 551, 
612, 673; signs constitution, 755; 
sketch, 795. 

Treadway, William W., secretary, 
17, 26; defeated, 27; payment 
for, 362, 364. 

Treason, defined, 749. 

Treasurer. See Administrative Of- 
ficers. 

Turner, Peter H., member for Jef- 
ferson County, admitted, 55; 
votes, 56, 715-31; on committee, 
58, 682; moves to amend, 677, 
687; leave of absence, 177, 200, 
322; absent, 545, 551; sketch, 
795. 

Tweedy, John H., member from 
Milwaukee County, admitted, 
144; letter from, 136; votes, 715- 
31; on committees, 56, 63-64, 66, 
340, 355, 401, 482-83; reports, 
451, 533; introduces resolutions, 
388-89, 485, 624; offers substi- 
tute, 373, 385; motions, 189, 206, 
367-68, 401, 481, 493, 515, 528, 
579; moves to amend, 185-86, 
321, 323, 333-34, 351, 354, 373, 
380-84, 391, 409-10, 522, 549, 
623-25, 627-28, 630, 639-40; to 
reconsider, 548; moves call of 
house, 333; question, 525; moves 
to adjourn, 300; moves recess, 
589; remarks, 146, 195, 282, 336, 
365, 368-69, 371-72, 439, 449, 
451, 464, 493, 510, 546-47, 549- 
50, 580, 582-83, 639-40; on edu- 
cation, 569-71; on exemption, 
648-49, 661; on foreign suffrage, 
677-78; on internal improve- 


826 INDEX 


ments, 324; on judiciary, 494-95, 
497-500, 505-506, 527; on negro 
suffrage, 215; leave of absence, 
676; sketch, 796. 
Tyler, John, on banking, 179. 
Tyrrill, , tried for murder, 546. 


Union COLLEGE, graduate, 759. 

University of Pennsylvania, gradu- 
ate, 792. 

University of Vermont, graduate, 
787. 

University of Wisconsin, lands for, 
616, 618-20, 744. 

Upham, D. A. J., member from Mil- 
waukee County, 16; votes, 56, 
715-31; on committee, 17-18; 
chairman committee of legisla- 
ture, 320;chosen president of 
convention, 24; speech of accept- 
ance, 24-25; decision, 285; let- 
ter to, 196, 356; remarks, 521, 
674; on negro suffrage, 227-28; 
resolution of thanks for, 712; 
closing address, 712-13; absent, 
486, 603; signs constitution, 
754-55 ;- sketch, 796-97. 


Van Buren, Martin, and banking, 
141, 151, 475. 

Varney, Ezra L., account, 362; 
allowed, 617, 637; contract, 709. 

Vermont, precedents from, 244, 260, 
428; formation of, 312; mem- 
bers of convention from, 757, 
759, 765, 768, 771-73, 775-76, 
778, 781-82, 787, 790-91, 793-94, 
796, 799, 800. 

Veto power, and in the executive, 
734-35. 

Vial, Andrus, account, 362; allowed, 
617, 637; contract, 709. 

Vieux Desert (of the Desert) Lake, 
as a boundary, 610, 612, 672. 
Vineyard, James R., member from 
Grant County, admitted, 135; 
votes, 715-31; motion, 223; 


moves to reconsider, 585, 681, 
701-702; remarks, 629; leave of 
absence, 325, 603, 670, 673, 680, 
689, 701; absent, 200, 508, 545, 
672; signs constitution, 755; 
sketch, 797. 

Virginia, precedents from, 275-76 ; 
cession, 316, 318; members of 
convention from, 441, 763, 774, 
798, 800. 

Vliet, Garret; member from Mil- 
waukee County, 16; votes, 56, 
715-31; introduces resolution, 
605, 611, 617; leave of absence, 
386, 673, 701; signs constitu- 
tion, 755; sketch, 797-98. 


_ Waxeuey, Salmous, member from 


Walworth County, 16; votes, 56, 
715-31; on committee, 58; re- 
marks, 50, 692, 697; signs con- 
stitution, 755; sketch, 798. 

Walworth County, members, 16, 
135, 758, 760-62, 775, 790, 792, 
795, 798; banking sentiment in, 
694-95; clerk’s report, 530; on 
judicial cireuit, 293, 304, 740; 
apportionment, 459-60, 578, 621— 
22, 679-80, 689, 736-37, 753. 

Warrants of search, forbidden, 749. 

Washington County, members, 16, 
767, 779, 781, 785, 795, 799; 
foreign suffrage petition from, 
626; exemption petition, 483, 
524; on judicial cireuit, 293, 740; 
apportionment, 459-60, 578, 621- 
22, 679-80, 687, 736-37, 753. 

Washington Guards, militia com- 
pany, 234. 

Waukesha County, members, 16, 
18, 54, 756, 763, 770, 776, 778, 
784, 786-87; banking petition 
from, 509-10; exemption: peti- 
tion, 470; suffrage petitions, 210, 
644; contested election in, 266, 
460-62; on judicial cireuit, 293, 
304, 740; apportionment, 459- 
60, 578, 621-22, 679-80, 687, 
736-37, 753. 

Webster, Noah, cited, 255-56. 


INDEX 827 


Wheat, staple crop, 118-19. 

Whigs, treatment of, 71-72; on 
banks, 148-51; policy, 624, 677; 
number in convention, 800. 

White, Joshua L., member from 
Iowa County, 16; mileage for, 
708; votes, 56, 715-31; on com- 
mittee, 58, 91, 177; leave of ab- 
sence, 271, 672, 684; asks leave, 
507; signs constitution, 755; 
sketch, 798-99. 

Whitemore, George, petitioner, 508. 

Whiteside, Ninian E., member from 
Iowa County, 15; votes, 56, 715- 
31; on committees, 57, 329, 401; 
presents credentials, 89, 135; 
moves to amend, 353; to adjourn, 
1438, 452, 522; to table, 412, 585; 
moves recess, 331; call of house, 
641; remarks, 205, 215, 222, 228, 
451, 543-44; on banking, 106, 
465; asks for leave, 177, 609; 
absent, 200, 356, 545, 609; signs 
constitution, 755; sketch, 799. 

Wilkinson, Robert, witness, 456. 

Willard, Victor M., member from 
Racine County, 16; votes, 56, 
715-31; on committee, 58, 267; 
introduces resolution, 93, 189, 
193; motion, 603; moves to 
table, 584; moves recess, 606; 
leave of absence, 628; sketch, 
799. 

Wilson, J. F., member from Wash- 
ington County, 16; votes, 56, 
715-31; on committees, 58, 81, 
177, 682; mileage for, 349; 
leave of absence, 363, 680; ab- 
sent, 200, 673; signs constitu- 
tion, 755; sketch, 799-800. 


Wilson, John T., account presented, 
364. 

Winnebago County, member, 16, 
769; negroes in, 215; on ju- 
dicial cireuit, 293, 304, 740; ap- 
portionment, 458-59, 621-22, 
679-80, 687-88, 736-37, 753. 

Wisconsin, spelling of, 559. See 
also Admission, Boundaries, Cen- 
sus, Constitutional Convention, 
Edueation, Eminent Domain, In- 
ternal Improvements, Public 
Lands, Railroads, Statutes, Uni- 
versity, and Wheat. 

Wisconsin Fire and Marine Insur- 
ance Company, discussed, 100, 
102, 129, 169, 184; note due, 363. 

Women, suffrage for, 214, 259, 522; 
property rights, resolutions on, 
135, 193, 212, 689; debate on, 
631-36, 638-40, 645-70, 702-703; 
article adopted, 539, 645; amend- 
ed, 707; final form, 747-48. 

Worship, freedom of, 749-50. 

Wright, H. A., printer, 704. 

Wright, Senator Silas, cited, 231. 

Wyatt, Jonathan, clerk of court, 
706. 

Wyman, William W., votes for, 57; 
account presented, 363; charges, 
363; account allowed, 370, 397, 
707. 


YALE College, graduate, 796. 


Year, political, adjusted, 416, 439, 
750. 


Yorkville, memorial from, 626. 


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